The White House has an email problem

We learned earlier this year that most of the Bush White House’s senior staff, in blatant violation of the Presidential Records Act, sidestepped an internal email system, preferring to use private accounts provided by the Republican National Committee. Those thousands of emails, which included government business, are still missing after having been “accidentally” deleted. (The White House claims to be trying to recover them.)

As it turns out, that’s only one of two serious problems the Bush gang has in maintaining their electronic records. In an entirely different set of missing emails, however, we’re seeing quite a bit of movement this week. Dan Froomkin explains:

Why is it taking White House officials so long to restore millions of deleted e-mails from the backup tapes they claim to have?

The e-mails in question date from March 2003 to October 2005 — a crucial period that includes the Iraq invasion, a presidential election and Hurricane Katrina.

White House officials have known for more than two years that the messages were deleted — a clear violation of presidential records-preservation statutes. But the president’s aides won’t explain what happened, what sort of backups they have and what they’re doing about it.

Why, it’s almost as if the secretive White House is trying to hide its activities, laws and record-keeping rules notwithstanding. Who would have guessed?

When Congress asked about the 5 million missing emails, a White House lawyer suggested an outside IT contractor was responsible. The response appeared almost humorous, given that no such IT contractor exists.

Yesterday, in response to a lawsuit filed by Citizens for Responsibility and Ethics in Washington (CREW), a federal judge disappointed the Bush gang terribly with a major court order.

A federal judge ordered the White House yesterday not to destroy any backup computer tapes of its e-mail, pending civil litigation seeking to learn more about what happened to a trove of messages missing from a 2 1/2 -year period earlier in the Bush presidency.

The Bush administration had opposed such an order, arguing that it is unnecessary because the White House administrative office already is preserving backup tapes in its possession. But U.S. District Judge Henry H. Kennedy Jr. was not satisfied by that assurance and issued the formal order, which carries contempt penalties if violated.

Meredith Fuchs, a lawyer for the National Security Archive, said, the judge’s order “should stop any future destruction of e-mails, but the White House stopped archiving its e-mail in 2003 and we don’t know if some backup tapes for those e-mails were already taped over before we went to court. It’s a mystery.”

CREW’s court motion (.pdf) was apparently persuasive.

To the extent this particular set of tapes does not encompass all of the missing emails, it is essential that other copies are preserved, whether or not they were created specifically for disaster recovery efforts and whether or not they are currently in the OA’s [Office of Administration] possession, custody or control.

This information may also reveal the extent to which any of the defendants has already destroyed any back-up copies of the deleted email records or transferred them out of the OA’s possession, custody or control. Separate and apart from the illegality of any such action, it is critical to ascertain what back-up copies may have been destroyed to determine what additional steps can and should be taken to replicate those copies before the end of President Bush’s term in office. These other copies, however, whether in hard drives or other repositories, are only accessible for the duration of President Bush’s term, after which they will be cleaned out for the incoming president. Accordingly, it is critical to pinpoint what back-up copies are presently available and what back-up copies have been destroyed to explore, in the short time that remains, alternative methods of restoring the millions of deleted email records. […]

Under this administration’s watch, millions of email have gone missing and the White House has done nothing to reconstruct those historically important federal records or take steps to prevent further document destruction. When confronted with requests for information about the missing email problem, the White House has unilaterally removed itself from the public arena altogether by declaring that the OA is no longer an agency subject to government sunshine laws. In the short life of this lawsuit the White House defendants have refused to give adequate assurances of document preservation, refused to provide basic information and refused to meet with plaintiff’s counsel to plan for discovery.

Stay tuned.

It’s appalling to watch a free and open society move to a closed society.

Too bad there wasn’t an opposition party in the majority in Congress to put this tyranny in check.

  • More than anything else, this is the story that puts the lie to the idea that conservative pundits have any principles beyond party loyalty. Following the letter of the law and public disclosure are something the law and order and libertarian wings of the Republican party respectively are supposed to care dearly about, absolute core principles, yet they don’t care at all as long as it’s one of theirs committing the crimes. Party above country in all things should be the Republican motto.

  • I guess the Bush Adminstration was under the delusion that it has privatized the executive branch of our government, since it couldn’t privatize anything else during its tenure! Accountablity to the voting public? How incredulous! -Kevo

  • Unfortunately this is nothing new. pRick Perry has just been caught purging all his emails after 7 days, and has had a court order handed down requiring him to archive his emails. Here’s what his spokesperson had to say…

    Perry spokeswoman Krista Moody told The Associated Press on Saturday that Perry didn’t initiate the e-mail policy, which was also in place under former Gov. George W. Bush.

    “We continued the policy when Gov. Perry took office,” she said.

    They’ve done nothing to find those lost emails because it was policy to purge them. They were never “accidentally” erased in the first place.

    http://www.statesman.com/search/content/gen/ap/TX_Perrys_E_Mails.html

  • I wish I could be optimistic that this administration hasn’t already destroyed anything incriminating and will continue to do so no matter what court order comes planning to fight any retribution for their efforts in court. Allowing them to have any contact with the “evidence” cannot be trusted based on what they have done already. But rather than discuss impeachment, this congress goes out of its way to retroactively provide protection and cover for Bush’s criminality. Rather than being arrested for these activities or impeached for them, we are just now getting to the point of trying to get this administration to please stop doing them.

    Why are we even having a ‘discussion’ about missing and destroyed emails and private government communication accounts, or torture, or amnesty for illegally spying on American citizens? This is the most corrupt administration in modern American history yet our elected leaders find it too time consuming to hold it accountable. Think about it…after 6yrs we finally have one court order forbidding continuing what was already illegal, the further destruction of WH emails.

    If anyone can watch this free youtube video and not see how corrupt this administration has been then they are brain dead. There is no way to dispute it. Go and see for yourself: http://www.loosechange911.com

    The only way to not know the truth about this administration is to not want to know.

  • I’m sure if push ever comes to shove they’ll cry “executive priveledge” and Nancy and Harry will make a lot of noise and then do nothing, as always.

  • E-mail is notoriously difficult to thoroughly purge. Recall the embarrassments of Microsoft during judicial hearings that were trying to determine if it was acting as a monopoly (before lil’ Georgie hepled ’em off the hook). There are probably a lot of awkward messages that will most likely appear (possibly in a tell-all book) after this administration has gone. All this kinda makes one long for the good old days when only the Mafia represented the concept of organized crime.

  • The emails will never see the light of day. It’s possible that a Democratic administration will order the production of whatever accidentally remains unerased, but Bush’s gang won’t listen to pipsqueak judges any more than they listen to Congressional subpoenas.

  • We don’t need no stinking emails. We gotz enhanced interrogation techniques. What we don’t gotz is a pair to put the “actionable” back in intelligence.

  • Thirty years ago the media would be screaming “coverup!” at what was going on with these document purges going on in broad daylight. But that’s when the media was brave in this country.

    “These other copies, however, whether in hard drives or other repositories, are only accessible for the duration of President Bush’s term, after which they will be cleaned out for the incoming president.” — Sounds like a presciption for extended footdragging by the Bushies.

  • “which carries contempt penalties if violated”

    I bet they are just trembling with fear. War criminals getting charged with contempt, scary stuff indeed. Especially when one of them has a shown a willingness to pardon.

    Okie called it, if they exist, they will never been seen.

  • Meredith Fuchs, a lawyer for the National Security Archive, said, the judge’s order “should stop any future destruction of e-mails, but the White House stopped archiving its e-mail in 2003 and we don’t know if some backup tapes for those e-mails were already taped over before we went to court. It’s a mystery.”

    Excuse me. I have one main question here:

    Am I reading this correctly, in that these people are explicitly saying that the White House has stopped archiving this administration’s email? Since 2003?

    Isn’t this in complete violation of the new federal laws that businesses have to conform to? I hear every other day at work that I have to keep all my emails and archive them for some sort of legal reasons. Why can’t the federal government follow the law of the land?

    The mind boggles at the level of contempt this megalomaniac has for his fellow humans while breaking every law he can think of just for kicks. And one out of seven americans still pray to his likeness every day…

  • Regardless of the judge’s order, one can only surmise that the search/purge operation is continuing—and given the ever-shrinking lifespan of this administration, the rate at which things are being destroyed is, in all likelihood, increasing. All it takes it to destroy the backup tapes, and the harddrives/mainframes.

    By the way—didn’t these dolts admit to changing out the hardware earlier this year?

  • just wondering here…

    If congress was to try impeachment proceedings, we as American tax payers would end up having to pay BOTH for the prosecution and the defense of the White House and all it’s cronies.

    Would it make more sense to chip away at it little by little, by forcing them to preserve certain documents, keeping it in the press for a prolonged period of time, to make sure that the Republicans don’t claim the ‘short memory’ meme during the next election cycle.

    After the Presidential election, when there is a larger presence of Democrats and Independents in the House of Representatives, Senate, and white house; the official indictments can be served to the previous inhabitants (Republicans)

    After they’re out of the office, other citizen groups, can file lawsuits against them. As I understand it, they would have to pay for their legal defense out of their own pockets, or at least not use OUR taxpayer dollars. As good ‘ol Reagan said in regards to the Soviet Union: “Outspend them into collapsing” Wouldn’t it be a good idea if all those right wingnut ‘think thanks and foundations’ have to start spending their ‘endowments’ on defending their cronies?

  • I wrote something about that in April:
    http://crowings.wordpress.com/2007/04/

    According to my ‘sources’ at the time it was an MZM contractor, Mitchell Wade, Waxman was looking into, he was looking for a contract that had ‘dissapeared’ -well perhaps it never existed, but it appeared that someone had indicated that Wade had a contract to ‘screen’ Whitehouse e-mail.

    DOJ prosecutor Carol Lam was looking into Wade’s connections to the White House when she got sacked. Lam had successfully prosecuted Duke Cunningham, Wade had pled guilty to bribing Cunningham. If I remember right, for contracts. The links representing my references are there in the text.

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