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Home > The Secrecy File > Archives > 2008 > January > 08
Tuesday, January 8, 2008
Judge orders White House to come clean on missing emails
A federal judge ordered the White House today to say whether it has stored at least 5 million missing e-mails from top White House officials on backup computer tapes.
U.S. Magistrate Judge John Facciola gave the White House five days to provide an answer in a civil lawsuit filed by the National Security Archive and Citizens for Responsibility and Ethics in Washington.
The missing e-mails cover a period from 2003 to 2005, so they could include information about the administration’s effort to “out” former CIA agent Valerie Plame in retaliation against her husband who wrote a negative column about President Bush’s main reason for invading Iraq. They also could offer insight into the administration’s effort to fire nine U.S. Attorneys in 2006.
Federal law precludes White House officials from deleting or destroying internal White House records.
The ethics watchdog CREW and the National Security Archive, a research library at George Washington University, say the e-mails are vital to preserving history. The e-mails provide a glimpse of the inner workings at the White House and belong to the public, the groups argue in court documents.
CREW recently alleged that the number of missing e-mails is actually 10 million-double the original estimate of 5 million based on interviews with former White House officials.
“Facts are stubborn things and the facts here are clear: 10 million e-mails are missing and until now the White House has refused to disclose what happened and whether any backup copies of those e-mails still exist,” said Anne Weismann, chief counsel at CREW. “Today’s order is a first step towards holding the White House accountable.”
The White House has admitted that it can’t account for the e-mails. Officials have stated that they are researching what happened to the e-mails and how to recover them.
In his 4-page opinion, Facciola noted the importance of the White House to act with haste. The missing e-mails “are increasingly likely to be deleted or overwritten with the passage of time,” he wrote.
The White House argues in court documents that record keeping practices under the Presidential Records Act do not fall under the judicial branch’s jurisdiction. In addition, the White House contends that the National Security Archive and CREW are reaching too far in demanding copies of the e-mails.
Facciola issued a temporary restraining order two months ago to prevent the White House from destroying backup e-mails.
“Judge Facciola is trying to get the White House to say whether the 5 million missing e-mails are completely gone or recoverable,” said Meredith Fuchs, general counsel at the National Security Archive. “To date, the White House has refused to say anything about its efforts to restore and preserve the records. I hope this order will force them to give an accounting to the American public.”