Judge may order White House to recover 'lost' e-mailsNick Juliano
Published: Thursday October 18, 2007
The White House may soon be forced to prove it is not trying to cheat history by destroying archives of untold numbers of internal e-mails, as a federal magistrate has indicated he may enforce a private watchdog's restraining order request.
An ongoing lawsuit is seeking to confirm that White House e-mails that were lost from internal servers can and will be recovered from computer backup tapes. Citizens for Responsibility and Ethics in Washington says the administration has failed to prove that it is protecting the backups; although officials deny that any tapes were lost, the White House has refused to hand over records backing up that assertion.
U.S. Magistrate John M. Facciola has asked CREW and the Justice Department for suggestions on how to word a court order that would mandate White House compliance, the Associated Press reports.
CREW filed a temporary restraining order earlier this month requesting the White House demonstrate it is preserving e-mails in compliance with the Federal Records Act and the Presidential Records Act. CREW says the White House has only been able to prove it used backup tapes once, although a Justice Department attorney argued such a court order is unnecessary.
The White House Office of Administration, which oversees recordkeeping and archival, has refused to comply with a Freedom of Information Act request for information relating to potentially millions of e-mails that were deleted.
The restraining order stems from a lawsuit demanding the White House hand over records detailing what records were detleted from White House servers.
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