White House Ordered To Provide E-Mail Info

Federal Magistrate Orders White House To Say Whether Missing E-mail Is On Backup Tapes

(AP)  A federal magistrate ordered the White House on Tuesday to reveal whether copies of possibly millions of missing e-mails are stored on computer backup tapes.

The order by U.S. Magistrate Judge John Facciola comes amid an effort by the White House to scuttle two lawsuits that could force the Executive Office of the President to recover any e-mail that has disappeared from computer servers where electronic documents are automatically archived.

Two federal laws require the White House to preserve all records including e-mail.

Facciola gave the White House five business days to report whether computer backup tapes contain e-mails written between 2003 and 2005.

The time period covers the Valerie Plame affair in which at least three presidential aides were found to have leaked Plame's CIA identity to the news media.

"Do the back-ups contain the e-mails said to be missing?" Facciola asked.

In a four-page order, Facciola said he needs to know "if the missing e-mails are not on those back-ups."

Facciola noted the importance of acting quickly since e-mails that might be retrievable from individual computer workstations in the White House "are increasingly likely to be deleted or overwritten with the passage of time."

White House spokesman Tony Fratto declined comment while reviewing the magistrate's order. In the past, the White House has said there could have been some e-mails that were not automatically archived because of a technical issue.

In their lawsuits, the National Security Archive and Citizens for Responsibility and Ethics in Washington suggest the e-mails were improperly deleted from White House computer servers. Over 5 million White House e-mails are missing, CREW alleged. Recently, the group said it has been told by reliable sources that the actual figure of missing e-mail is over 10 million.

In asking that the complaints be dismissed, the Bush administration says the president's record keeping practices under the Presidential Records Act are not reviewable by the courts. Also, the Federal Records Act does not allow the far-reaching action the two private groups are demanding, the administration contends.

Two months ago, the two private groups focusing on issues of government secrecy obtained a court order directing the White House to preserve the backup tapes.

The Bush administration had offered to have the government file a sworn declaration stating that the White House is safeguarding all backup materials. Instead, Facciola recommended that the judge in the case, Henry Kennedy, issue a court order because "a declaration is not punishable by contempt. In other words, without such an order, destruction of the backup media would be without consequence." Kennedy did as Facciola suggested.

The subject of missing White House e-mail arose early in 2006 when the prosecutor in the Plame investigation, Special Counsel Patrick Fitzgerald, disclosed that not all electronic message traffic of the EOP and the office of Vice President Dick Cheney "for certain time periods in 2003" was preserved through the normal archiving process.

[crater7]

HMMMMMMMM.

THE WHITEHOUSE HAS SAID THERE COULD HAVE BEEN SOME E-MAILS THAT WERE NOT AUTOMATICALLY ARCHIEVED BECAUSE OF A TECHNICHAL ISSUE;

IMAGINE THAT. HOW CONVENIENT. JUST A FEW LOST, MAYBE MILLIONS.

NOW THATS A TECHNICHAL ISSUE.

HMMMMMMM....

[marcodele]

It is pure folly for anyone to think that this administration would obey the law or our constitution, or any humane or moral standard, that interfered with their oil corporation goals.

[pepperp1]

Well now hold on maybe Obama could ask them to pretty please give the emails to the court, group hug everyone.

[antizion]

If we had a congress that was not blackmailed and working for Israel like Bush, Bush/Cheney would be impeached and placed on trial for treason and war crimes.

Of course Nancy Pelosi, daughter of a Jew, stated impeachment was off the table.

Blame congress. The american people have known for years that our elections are fixed and the Bush crime syndicate was running things.

[paris1969]

I LOVE THIS COMMENT: "Well now hold on maybe Obama could ask them to pretty please give the emails to the court, group hug everyone.

[inventagod]

It''s been a bad winter, but Hell hasn''t frozen over, so DickNBu$h haven''t even checked on those ''missing'' emails...

[dscott407]

I love this..

The Bush administration had offered to have the government file a sworn declaration stating that the White House is safeguarding all backup materials.

Can''t I just write something down on a Presidential sticky note. Will that work ya..eh eh eh eh.

[liberalme]

Bush will find a way to put this under Executive Priviledge-or, they were damaged in the fire in Cheneys office--or maybe-the dog at them!

[walt1944-2009]

The Great Emperor Bush II is not overly concerned about a court order regarding "LOST" e-mails.

Since the Great Emperor is accountable to no one and it is on HIS word if supposedly "lost" e-mails have been saved on backup vechiles or not, the Great Emperor plans on denying that any such copies exist, even if they really do (dictators hate to throw anything away!).

Of course, the Great Emperor may "go through the motions" of complying, and e-mails regarding discussions of the last "Oprah" episodes and recipes for TexMex chili may be discovered, but it is certain that nothing of any importance will be found, even if it does exist.

SIG HEIL, BUSH!!!!!

[bozworth4]

Is this any way to run a country??? Only King george II knows!!

[cantshutup]

neoconism...why wait till they leave office??????? these scoundrels and traitors need to hang by gallows NOW!!!

[one_american]

Too bad liberals don''t have the stomach to demand from Sandy Berger what documents he stole out of the National Archives for Bill Clinton.

Must be a cover-up or something going on...

[hungry1968]

Too bad liberals don''''t have the stomach to demand from Sandy Berger what documents he stole out of the National Archives for Bill Clinton.

Must be a cover-up or something going on...

Posted by One_American at 06:03 PM : Jan 08, 2008




What does this red herring of a post have to do with the fact the Bush administration is supposed to turn EVERY piece of information over to the national archives, and is fighting the rule of law - AGAIN.

[ajaxtheleast]

The only legacy I can see for the "Are-you

with-me-or-against-me" Bozo is as being

the first humanly-embodied I.Q. test for

Americans. . .and there''s a 70 point descrepency

between the ones supporting and those

not supporting.

[liberalme]

Too bad liberals don''''''''t have the stomach to demand from Sandy Berger what documents he stole out of the National Archives for Bill Clinton.

Must be a cover-up or something going on...

Posted by One_American at 06:03 PM : Jan 08, 2008

Another one with a "sick" fascination with Clinton! They are woefully intiminated of Clinton or really do have a distorted fascination of him---talk about "brain freeze"!!

[sgtrds]

Too bad liberals don''''''''''''''''t have the stomach to demand from Sandy Berger what documents he stole out of the National Archives for Bill Clinton.

Must be a cover-up or something going on...

Posted by One_American at 06:03 PM : Jan 08, 2008

Another one with a "sick" fascination with Clinton! They are woefully intiminated of Clinton or really do have a distorted fascination of him---talk about "brain freeze"!!

Posted by liberalme at 06:21 PM : Jan 08, 2008

And also Sandy Berger only took copies of some documents, no orginals, so no information was lost.

[sgtrds]

I love this..

The Bush administration had offered to have the government file a sworn declaration stating that the White House is safeguarding all backup materials.

Can''''t I just write something down on a Presidential sticky note. Will that work ya..eh eh eh eh.

Posted by dscott407 at 05:31 PM : Jan 08, 2008

And of course then he''ll sign signing statement saying that he doesn''t have to tell the truth in the sworn declaration. He IS above the law you know. Just ask him.

[nyckate]

Come on now - we all know by this point in time that it is next to impossible to ''accidently'' remove or even purposefully delete emails unless you get experts in there to wipe all the drives and that includes the back-up drives.

So if they''re gone they''re gone because Bush Administration went to a lot of trouble to make them gone.

[missingamerica]

I hereby nominate U.S. Magistrate Judge John Facciola''s quote regarding:

''E-mails that might be retrievable from individual computer workstations in the White House "are increasingly likely to be deleted or overwritten with the passage of time."''

to be the understatement of the last 232 years.

[kaliveotin]

Isnt it about time that Bush and Cheney are tried for Treason? forget impeachment!

[clovisbuford]

Too bad liberals don''''''''t have the stomach to demand from Sandy Berger what documents he stole out of the National Archives for Bill Clinton.
Must be a cover-up or something going on...
Posted by One_American at 06:03 PM : Jan 08, 2008 hmmm the corrupt justioce dept under Gonzales chose not to prosecute sandy berger , so I want to know what sandy berger destroyed that both the clinton and bush admin were afraid of. The bush admin has taken every opportunity to tarnish the clintons ,why didnt they prosecute should be the quetion one american .It doesnt take away the fact that the Bush admin is stonewalling and hiding on this issue which also involves the plame affair , the abramoff affair , the fired attorneys afair.If they are as sterling pure as you believe the missing e-mails would prove that without a doubt.

[gce65]

Regardless of what federal law and federal judges say, does anyone really think Bush/Cheney are actually going to COMPLY WITH THE LAW???? Hardly. They''ll assert executive privilege and hold things up and appeal it again and again and just waste everyone''s time until the end of their administration....because George W went to Washington to change the acrimonious tone there, and to be a uniter not a divider. So said the Liar in Chief.

[gce65]

Regardless of what federal law and federal judges say, does anyone really think Bush/Cheney are actually going to COMPLY WITH THE LAW???? Hardly. They''ll assert executive privilege and hold things up and appeal it again and again and just waste everyone''s time until the end of their administration....because George W went to Washington to change the acrimonious tone there, and to be a uniter not a divider. So said the Liar in Chief.

[gce65]

Regardless of what federal law and federal judges say, does anyone really think Bush/Cheney are actually going to COMPLY WITH THE LAW? Hardly. They''ll assert executive privilege and gum things up in court and appeal it again and again and just waste everyone''s time until the end of their administration. That''s the way they operate and have since first coming to Washington, because George W went there to change the acrimonious tone and to be a uniter not a divider.
That''s now probably one of his most famous quotes because it''s such a lie.

[gce65]

Oops, sorry. It wouldn''t post.

[micma-2009]

"Uh...sorry my dog ate the emails."
***** Cheney 2006

[hsinco-2009]

Dubai is looking better all the time ain''t it Rich and Dumbya?

[gkc99]

Bushit could say "the dog ate them" but it wouldn''t be nice to talk about Laura or Lynne that way! Of course the brain-damaged Laura and the priggish Lynne would do whatever Massah said!

[david1737]

Yet another of the many thousands of unforgivable crimes committed by the GOP.

Enough is enough is such an under statement.

Please don''t be fooled in 2008 they (the GOP) really are going to give you more of the same.

None of them are even pretending to offer something different.

Treason, corruption, and perversion=GOP

We''ve seen what the Repubs. consider values!

[j-whitman]

Let''s get on with it, evey day these people are in office they damage our national security more --- If anyone of us commited a like crime we would have been locked up right after it happened.

[slpdisk]

Hey let us know if they comply in the mean time I have a bridge for sale any buyers.

[ioweign]

Let''''s get on with it, evey day these people are in office they damage our national security more --- If anyone of us commited a like crime we would have been locked up right after it happened.


Posted by j-whitman at 08:38 PM : Jan 08, 2008

What do you mean locked up !

Ever been to GITMO !

[nyckate]

Well, really, it is a toss-up isn''t it? That suspicious fire in Cheney''s office was either an attempt to burn files and tapes he''s worried about -- or permanently take out the white houseback-up system!!

[b-easy63]

I LOVE THIS COMMENT: "Well now hold on maybe Obama could ask them to pretty please give the emails to the court, group hug everyone.

Posted by paris1969 at 05:23 PM : Jan 08, 2008

LOL. How about this one: At least under Obama we''d get a chance to stand up straight and give our poor arses a timeout to rest.

Under Bush and the Republicans, it was: "Our stupid citizens will believe anything we say---let''s start a war...and tell them to hold onto that table when they bend over for us--we want to get the best angle" Like that one too?

[brianbwb-2009]

"Federal Magistrate Orders White House To Say Whether Missing E-mail Is On Backup Tapes"

Sorry, but they were burned in the fire (snicker, snicker)..."

[beehive21-2009]

Ha HA ,you get nothing .The Bushes been doing it too long,one thing after another,slippy sucker ,why waste the time ,
he''s going to waste iran right before your faces.

[tbweb]

There is no way the most powerful office on the planet lost email! Give me a break!

[samael2014]

"the Bush administration says the president''s record keeping practices under the Presidential Records Act are not reviewable by the courts"

JESUS FREAKING CHRIST.... I was completely unaware that laws enacted by Congress were not reviewable and completely enforceable by our courts.

You know what is really... I MEAN REALLY sad about this country. Our first amendment guarantees the right of the people to petition its government for a redress of grievances, and we can''t even have the expectation for Congress to carry out it''s mandate -- not political decision -- to impeach for a long list of ethical, constitutional and legal reasons.

To hear candidates talk about fighting to take back our country, while bending over backward, violating due process for Congressional action -- to protect abuses of the Constitution by our own government --that was legislated by the first Congress of the United States; really brings into perspective the attainability of the last clause of the first amendment.

How secure can a country be in itself, let alone in the face of the world, when a sociopathic freak can occupy the White House without the need for a security clearance and with impunity of a lawless and demented dictator?

[undermyboot]

The Federal Records Act is a LAW. Bush says the courts cannot enforce the LAW. So WHO WOULD? These Bush traitors have NO MORALS, NO CONSCIENCE, NO INTEGRITY, and they HATE America. They violate the LAW and the CONSTITUTION as they wish and then claim that NO ONE can do ANYTHING about it.

There is one word for this: Dictatorship.

[undermyboot]

Oh, forgot. SHOOT THE F*CKERS.

[undermyboot]

(Shoot them AFTER a trial, of course) LMFAO

[harp1963]

This guy doesn''t have to answer to anyone? That''s called communism isn''t it? It must be tough being a communist President in a democratic country and trying to change our constitution from being by the people and for the people to for George Bush and his buddies and by George Bush and his buddies.

[watcher269-2009]

the White House asserts that the president%u2019s record-keeping practices under the Presidential Records Act are not subject to review by the courts.

The administration also asserts that the Federal Records Act does not allow such far-reaching action as demanded in the suits by the two private groups, the National Security Archive and Citizens for Responsibility and Ethics in Washington.


Sieg Hail!!!

[mick7744]

What America needs to do at this point is to quickly hammer out an extradition treaty with Dubai.

The Bush/Cheney gang not only needs to be removed from office, they need to be vigorously prosecuted for treason, malfeasance, theft, election fraud and murder.

[timaran]

Why do they even bother lying anymore?

[gkc99]

Look for a long run of obstruction--right up until the end of 2008, by which time the emails will have been conveniently ditched.

If the President of the US doesn''t have to obey the law--none of us do. Park here anytime.

[gkc99]

"What America needs to do at this point is to quickly hammer out an extradition treaty with Dubai.
The Bush/Cheney gang not only needs to be removed from office, they need to be vigorously prosecuted for treason, malfeasance, theft, election fraud and murder. "--Posted by mick7744


And don''t forget Paraguay or Uruguay, wherever the Bushit "girls" bought that big ranch for Papa Bushit.

[samsel3]

The Bush administration brings Nixon''s gal friday Rosemary out of drydock!!!!!!!!!!

[omega39-2009]

This guy doesn''''t have to answer to anyone? That''''s called communism isn''''t it? It must be tough being a communist President in a democratic country and trying to change our constitution from being by the people and for the people to for George Bush and his buddies and by George Bush and his buddies.

Posted by harp1963

Nah, communists nationalize everything to the state, Bush has sold off this country piece by piece right out from under the citizens feet.

[omega39-2009]

Bad Bushie Moster owned the WHOLE big country and sold it all to other meanie munsters. Now it''''s ALLLL gone. So sad, waaa!.

Posted by ilikecats1

Oh....you never heard of federal land sales to the timber companies or his attempts to sell the ports to the Arabs? Crack open a newspaper once in a while you idiot.