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Missing White House Emails Traced, Justice Aide Says

by: R. Jeffrey Smith  |  The Washington Post

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After a long dispute over millions of missing White House emails, a Justice Department lawyer reported yesterday that the emails have been found. The email saga has been ongoing since four years ago, when it was disclosed that an automatic archiving system for White House messages was abandoned just after Bush's election. (Photo: AFP / Getty Images)

    A Justice Department lawyer told a federal judge yesterday that the Bush administration will meet its legal requirement to transfer e-mails to the National Archives after spending more than $10 million to locate 14 million e-mails reported missing four years ago from White House computer files.

    Civil division trial lawyer Helen H. Hong made the disclosure at a court hearing provoked by a 2007 lawsuit filed by outside groups to ensure that politically significant records created by the White House are not destroyed or removed before President Bush leaves office at noon on Tuesday. She said the department plans to argue in a court filing this week that the administration's successful recent search renders the lawsuit moot.

    Hong's statement came hours after U.S. District Court Judge Henry H. Kennedy Jr. ordered employees of the president's executive office -- with just days to go before their departure -- to undertake a comprehensive search of computer workstations, preserve portable hard drives and examine any e-mail archives created or retained from 2003 to 2005, the period in which e-mails appeared to be missing.

    Hong said private contractors had helped find the e-mails by searching through an estimated 60,000 tapes that contain daily recordings of the entire contents of the White House computers as a precaution against an electronic disaster.

    Her remarks prompted Anne Weisman, the counsel for one of two plaintiffs in the lawsuit, Citizens for Responsibility and Ethics in Washington (CREW), to say, "I'll believe it when I see it." Weisman said she hoped the administration's efforts to recover the e-mails can be verified by an independent expert, noting that officials have repeatedly declined to detail the procedures they used. She also said questions persist about whether backup tapes still existed for all of the days for which e-mails were reported missing.

    Meredith Fuchs, counsel for the other plaintiff, a historical group known as the National Security Archive, said the Justice Department's statement was "striking" because the admission that 14 million e-mails had to be recovered showed "the level of mismanagement at the White House" of its historically significant records. She said, "For the past year and a half, they said, 'Don't worry, don't worry, leave us alone.' Now they say, at the last minute, they have solved it. I want to see the evidence."

    Kennedy's order was the latest in a series of rulings about the fate of Bush administration records that have been unfavorable to the White House. Bush aides had long contended that the plaintiffs lacked standing to sue, and they had resisted a court order requiring that White House preserve the backup tapes that were used to recover the e-mails; the courts rejected both positions.

    Last week, a different judge overrode White House objections and ordered the administration to search for information that CREW is seeking on White House visitors during the Bush tenure. Another judge turned aside White House objections to handing copies to aides of President-elect Barack Obama of documents related to the controversial firings of U.S. prosecutors in 2006, which Congress has demanded to see. Still to be decided, possibly in coming days, is a lawsuit by CREW demanding the preservation of vice presidential records that aides to Dick Cheney have said he alone can decide to withhold or discard.

    The dispute over recovery of the missing e-mails was provoked by the disclosure four years ago that the White House, in switching to a new internal e-mail system shortly after Bush's election, had abandoned an automatic archiving system meant to preserve all messages containing official business. Under the new system, any of the 3,000 or so regular White House employees could access e-mail storage files, enabling them to delete messages.

    An internal White House report noted in 2005 that e-mails from specific periods appeared to be missing, including key moments related to the invasion of Iraq and to a federal probe of the leak of Valerie Plame Wilson's classified employment with the CIA. White House officials called that study flawed after congressional investigators released it.

    Once the e-mails are transferred to the National Archives, federal law allows them to be requested under the Freedom of Information Act after a five-year interval.

  

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First we make sure they have

First we make sure they have not been censored and doctored and selectively deleted a la Nixon. Then the lawsuit is dropped. They are all about show, never about substance.

I find it interesting that

I find it interesting that these emails were discovered just weeks after the highly suspicious death of the Karl Rove's IT guru Mike Connell. You remember that story. Well not if you followed the main stream media because they never reported on it! The adminstration's IT "strings" are now neatly tied up. Just in time for the Obama transition!

Hang 'em first, then ask

Hang 'em first, then ask questions. If ever a bunch of felons deserve that approach, it's the Bush Baby Dream Team.

Exactly: Verify first, drop

Exactly: Verify first, drop the lawsuit later - when it's solid.

It must have taken them all

It must have taken them all this time to destroy the incriminating evidence.

I wouldn't believe one word

I wouldn't believe one word what any person that is working for those crooks. I can't understand why there has not been more investigations going on to pin these evil people down and make them cough up everything that belongs to the people. When they stole those elections they became public officials and they are supposed to answer to us and not create their own laws to fit their personal agenda. The democrats are just as bad for not going after them . They spent 10 million $$ to search for them? Why don't we insist they pay for their misplacing those emails. I know 10 mil$$ is not much, but it is just another thing they shove off to office expenses. I'm so fed up with these crooks and their lying and stealing, with no remorse. If I was 20 years younger I would run for congress, just to expose the corruption that goes on with all our elected politicians. When all of them except a few disregarded the violations of the Constitution and went about like everything was ok, I knew then we need to shitcan the whole bunch and elect people that cares for this country.

They should be jailed,

They should be jailed, pre-emptively, in keeping with the Bush Doctrine. If they are innocent, they will have no trouble proving it.

It looks like the "faith

It looks like the "faith based" government is full of faithless crooks.

They still have not

They still have not explained what happened to the emails that went through the RNC computers.

it never ends with these

it never ends with these guys...never...they need to tie up some unfinished business before they make their escape overseas...rest assured he wont be down in texas the majority of the time

Bush ruined America in

Bush ruined America in misappropriating over $1,Trillion on the bank 'bail-out.' Ignored all facts pertaining to 9/11 and the missing $3,4 Trillion from the Pentagon, THEN threatened the US Consititution in ways unimaginable, and his final statement: "We had fun." My vote for Tuesday? Arrest the pair, and send them directly to G'tmo!

Think of all those WW II

Think of all those WW II movies you've seen, where the Allied troops are bursting into the Reichstag on 3 sides, while frantic Nazi underlings struggle to ignite great heaps of scrupulously organized death-camp documents.

And what is the punishment

And what is the punishment for their treasonous actions? Applause that they are finally leaving? Is that all?

Waterboarding, according to

Waterboarding, according to Bush-Cheney, is not Torture. And should be used on them to find the Truth about all the above issues.

Redaction of 'found' e-mail

Redaction of 'found' e-mail will be a problem. "Oh, but you can't redact something that was on tape." Oh, yes you can! Like McCain during his campaign wouldn't tell us how to find bin Laden, I'm not going to say here, but believe me any hacker worth his/her salt would have had not problem facilitating the redaction even elimination of communications about 'sensitive' (read: illegal) decisions and actions.

i find the comment by kjunrj

i find the comment by kjunrj VERY interesting and i do remember the story about the recent death of Rove's IT guru Mike Connell. i thought his death sounded like a very 'convenient accident' then and i'm even more suspicious now. INVESTIGATE THOROUGHLY!!!!

Bush's Gubernatorial Records

Bush's Gubernatorial Records will perish into the vaults of his library, where recent legislative changes allow him to keep the records from Freedom of Information Act Requests for a period of time. While in the care of his staff, it is possible the records will be modified and replaced with materials to support claims that he made while running for the Presidency that were untrue. For example, he claimed on the campaign trail that he worked to implement CHIP in Texas, when he in fact worked against CHIP with all the resources of his office. Over the last 8 years the Texas State Library and Archives Commission in Austin, Texas has been documenting (but not duplicating) the records from W's time as Governor of Texas. Duplication is cost prohibitive in this completely under-funded state agency. It it only during this period when the Archive holds the records that Citizens can request access to the files, and can, as I understand it, pay for duplication of the records before they are transferred to the G.W. Bush library where they can (and will selectively) be kept from public view. After a period of time the library must open the records and comply with FoIA requests (I think it's 20 years after they are put into the Library, but may be wrong). The Archive will provide a record of what types of documents the public should have access to. Document content is not being recorded, and the public will not have access for many years. Changes to the records are possible. Many documents could be "lost." This is part of rewriting history - holding records out of public view.

And the beat goes on, people

And the beat goes on, people die as the Bush/Cheney operation sweeps up and moves on. And where will they go? Well, anywhere they want to. Obama has just about said so. Change ??? .........hhmm...... Can someone at least shove a sock in Carl Rove's mouth? (In memory of Mke Connell)

A man was killed for these

A man was killed for these emails. I hope it was worth the sacrifice. And it is my prayer that the emails are utilized to take the crooks and criminal down, prosecute them to the fullest extent of the law. And then, prior to serving their sentence, they should be paraded, naked, across the country in old-fashioned stocks. Then people could come from miles and miles to literally spit in their faces, as so many of us desire to do. This parade should last for year or more. And then the sentence should start.

But they would have used

But they would have used unofficial RNC mail servers for the most illegal stuff - they wouldn't be so careless as to plan illegal activities on official White House email systems, would they? We need to see any unofficial emails too, to determine if they illegally contain official White House business. But with the death of Michael Connell, it's unclear who may have possession of those records.

Thanks, George. 14 million

Thanks, George. 14 million emails costing 10 million dollars =$.60+ extra, per email, that taxpayers must pay unnecessarily for. You can run but you can't visit dozens of countries that will arrest you for your international war crimes.

The taste these people

The taste these people leaves in our mouths grows worse with every passing day. I hate to see GITMO go to waist, perhaps we could house our homegrown worst of the wost in the empty prison, Bush, Cheney, Rumsfeld, Rice, Hayden, and Gonzales.