Judge slaps White House with restraining order (5 million missing e-mails)

[Bluebear]

Judge Kennedy

U.S. District Judge Henry H. Kennedy Jr. issued a temporary restraining order today against the White House, ordering its executive office to preserve all records and back-up copies of millions of missing e-mails.

“Defendants shall preserve media, no matter how described, presently in their possession or under their custody or control, that were created with the intention of preserving data in the event of its inadvertent destruction,” wrote Kennedy in a Nov. 12 opinion in the U.S. District Court for the District of Columbia. The order was sought by the National Security Archive, a public interest library at George Washington University, and the Washington-based watchdog group Citizens for Responsibility and Ethics in Washington.

The groups alleged in separate, but now combined, complaints, that the preservation of more than 5 million missing e-mails is vital to the preservation of history as they reveal the inner thinking of President Bush’s top aides between 2002 and 2007.

“The judge’s order shows that the loss of the e-mail records is a serious problem,” said Meredith Fuchs, general counsel at the archive. The time span of the missing e-mails covers major events such as the war in Iraq; Hurricane Katrina; the dismissal of nine U.S. attorneys and the reauthorization of the Patriot Act.

“A lot of times, the government says “trust us, we will do the right thing,’” Fuchs said. “Judge Kennedey’s order shows he won’t just take their word for it. He will direct them to do the right thing.”

http://www.statesman.com/blogs/content/shared-blogs/washington/secrecy/entries/2007/11/12/judge_slaps_white_house_with_r.html

[malaise]

1. K & R

for truth

[EV_Ares]

2. K&R; eom.

[SpiralHawk]

3. Lying cheating republicons screwing America

one more eggregious example of these lying cheating republicon homelanders anti-American campaign to destroy our government.

Impeach the entire diaper-wearing crowd of homelanders...

[Usrename]

4. Now that the barn door is closed, someone should look for any horses.

:grr:

[kestrel91316]

5. White House to Judge Kennedy: Go Cheney yourself!!

[Divine Discontent]

6. thank you BB, & big thank you to judge Kennedy

K&R!

[Richard Steele]

7. K&R

[CatWoman]

8. happy to give the 14th rec

:kick:

[spanone]

9. 5 million....that's what i would call a shit-load of e-mails

:yoiks:

[in_cog_ni_to]

10. Silly Judge! This administration doesn't have to obey any stinkin' restraining order!!! Silly, silly

man. Besides that, I'm sure the emails are LONG gone!

K&R!

[cureautismnow]

11. Junior definitely needs restraining.

I'd prefer shackles or a strait-jacket, but I guess you gotta start somewhere...

Nice work, Judge Kennedy. It's refreshing to know that someone takes their oath seriously.

[petepillow]

12. White House shrugs it off and stays the course

They will detail pick clean every last byte of data before any enforcing has begun.

[Shanti Mama]

25. no way will they comply

Why would they begin now when they've shown complete contempt for the law for so long?

[Imagevision]

13. How pathetic when one must applaud the justice system for merely doing their job!?!

[rabies1]

32. No kidding. It's gotten THAT horrible.

Why is doing the right thing so frickin rare?

[IDemo]

14. This can only mean one thing:

Time for Congress to pass some legislation LEGALIZING the destruction of electronic evidence by Republican White Houses led by short-statured, ill-tempered Morans!

We'll show 'em!

[DCKit]

16. A bit cynical are we?

What if this is just another nail in the coffin from a friend in the fight?

Just sayin'

[bvar22]

19. My thoughts exactly.

The Democratic Leadership can just tack it on the the bill giving immunity to the telecoms.

[orleans]

21. make that RETROACTIVE LEGALIZATION and you're on! n/t

[tom_paine]

27. That would be funnier if it wasn't so close to the truth.

n/t

[L. Coyote]

15. CREDIT goes to CREW. They filed the motion and lawsuit

12 Nov 2007 // http://www.citizensforethics.org/node/30422

Today, U.S. District Judge Henry Kennedy granted Citizens for Responsibility and Ethics in Washington's (CREW) request for a temporary restraining order to prevent the White House from destroying back-up copies of millions of deleted emails while the lawsuit is pending.

CREW brought this lawsuit against the Executive Office of the President and the National Archives and Records Administration challenging their failure to restore and preserve millions of emails deleted from White House servers and to institute an effective electronic record-keeping system. When the White House refused to give adequate assurances that it would preserve back-up copies of the deleted emails -- the only source of these important historical records -- CREW sought a temporary restraining order.

In granting CREW's request for a temporary restraining order, the court rejected the White House's claim that it need not preserve all copies and that instead of an order, it should be permitted to file a declaration.

"Today's order is an important and necessary first step toward restoring and preserving for the public all the records of this administration, not just those self-selected for preservation by an administration committed more to secrecy than compliance with the law," Anne Weismann, CREW's Chief Counsel, said today.

SUPPORT CREW: http://www.citizensforethics.org/

[troubleinwinter]

18. CREW is truly great.

[L. Coyote]

44. WITHOUT A TRACE: THE MISSING WHITE HOUSE EMAILS + two confidential sources

There are at least "two confidential sources" working with CREW!!!

=====================
CREW RELEASES NEW REPORT -- WITHOUT A TRACE: THE MISSING WHITE HOUSE EMAILS AND THE VIOLATIONS OF THE PRESIDENTIAL RECORDS ACT
http://www.citizensforethics.org/node/27607

12 Apr 2007 // Washington, DC — Citizens for Responsibility and Ethics in Washington (CREW) today has released a report, WITHOUT A TRACE: The Missing White House Emails and the Violations of the Presidential Records Act, detailing the legal issues behind the story of the White House e-mail scandal.

In a startling new revelation, CREW has also learned through two confidential sources that the Executive Office of the President (EOP) has lost over five million emails generated between March 2003 and October 2005.

................

[orleans]

22. we love you CREW! thank you! (and thanks for pointing this out coyote) n/t

[redqueen]

35. Thank goodness for CREW.

Let's hope the WH doesn't treat this legal order like they do every single other one that they don't care for, and just ignore it.

Ugh.

[defendandprotect]

17. Nixon shrugged it all off confident that he had everything covered . ..

murderers to do his dirty work --- control of FBI, judges ---

This is second time around --- it looks like Cheney/Bush probably have a perfect system to protect themselves . . . they have no fear and we should take a lesson from that !!!!


Cheers to this judge --- and anyone whose trying to defy these criminals --- !!!

[FREEWILL56]

20. If I had my way they'd have some fear because I'd strip them naked,

make them eat a box of exlax, and drop them down into northwestern Pakistan. Impeachment? Ha, we wouldn't need no stinking impeachment and we'd save a bundle trying them. I know that's cruel so maybe we could send them to one of the secret prison camps they have in various places to torture prisoners. I hear they're into watersports so they'll have fun.

[Audio_Al]

23. Thanks, Bluebear. Remember how easy it was to get rid of something in DOS?

c:\format c

or something like that...

[SoCalDem]

24. Damned activist liberal uppity judge..

Who does he think he is?..some legal authority or something?

Everyone knows that no one has the right to challenge the president or his administration..

[tom_paine]

26. Unfortunately, Bushies and other tyrannical thugs LAUGH at the puny pronouncements of weakling

judges.

They will do what they always do, and I guess this judge should be happy he is in Amerika and not another Third World country, where he would likely be hurt or killed. Here, the Bushies will retaliate on him non-violently, wrecking his career and the lives of his family, most likely.

But words mean NOTHING to a Bush or a Hitler. Make all the puny judicial pronouncement you want and see what happens.

Nothing.

[L. Coyote]

28. Abramoff, Ney, et.al., are laughing behind bars and prisoner numbers

and they are just the first few. Laugh as much as they may wish, but the wheels of justice roll on, like a relentless steam roller, slow and ever so effective at flattening evil humps.

[tom_paine]

31. The parts of America that are still functioning do not necessarily imply all parts are functioning

I have said it before and I will say it again, the New Totalitarianism is both age-old and also unique in it's current "kinder-and-gentler" from which blends many of the no-longer functioning aspects of democracy (such as Pakistani-like "elections" and a Congress which more closely resembles a Chinese People's Congress or a Roman Imperial Senate than any I have seen before).

Yes, those parts of America that still function rustily, those aspects of the Executive Branches that have not yet been Bushified/Nazified still give the appearance that all is healthy.

Perhaps that is what it is meant to do :tinfoilhat: , but more likely it is just that a nation with as rich and old a tradition of freedom and self-governance cannot be stopped and turned on a dime. Plus there are still too many people, judges and law enforcement who take their oaths and duties to country seriously still. They refuse to understand the New Totalitarianism and the New Paradigm. They will all eventually be shifted out of places where they can wield any of their anachronistic beliefs. Before that, they will be punished in other ways as so many of the enemies of the BushPutinist State have been punished, usually non-violently by destruction of the ability to make money, discrediting of one's character using the Mighty Wurlitzer, or just good-old=fashioned going after people's families (watch the 47 minute Naomi Wolf lecture for more info on this.

I hope you are right, L Coyote, I simply do not see it, in spite of the fact that some 20% of America still functions as it used to during the Days of the Old Republic, and in spite of the fact that none of these actions are directed at anyone who REALLY MATTERS to the Busheviks (Abramoff was a Jew who was never really one of them, and who's usefulness had outlived itself after his exposure, and Ney just is one of many Imperial Congresscritters who are "clones" (RNC people were found to be calling their own candidates this, when they thought no one was listening) that can be mass-produced, so to speak, by the thousands if necessary. Ney is therefore almost as expendable when crunch time comes as any Bushie Patsy who doesn't really mater to them (Powell, Abramoff, etc.)

In a decaying and moribund nation, who's people have regressed to the very things we rebelled against in 1776, such people are top be found in every corner, nook and cranny of the halls of power. They are as ubiquitous as in any monarchical or totalitarian nation.

Time shall answer our question, won't it? The big "election" of 2008 will save us and put everything right. :rofl:

[L. Coyote]

36. Mafias and organized criminals function as a group and protect the leader, like Iran-Contra

and this is the Iran-Contra crime family, The Enterprise et.al., at work again. They were not all convicted and jailed then, and likely it will be no easier to do such now. The boss criminal is always well-insulated; that's the modis operandi of organized crime.

That said, when the crooks print "Corrupt Bastards Club" tee-shirts and caps, I think the People get the picture much better. It was Sam Irwin who famously said (paraphrasing), "If you paint a really good picture of a cow, you don't have to write "cow" under it."

This time around they added the label themselves. :rofl: If stupid was a crime ......

[Vinca]

29. The King hasn't got time for no stinkin' judge.

They're hitting the "delete" button at this very moment.

[snappyturtle]

30. K&R

:kick:

I don't suppose the WH will comply...IMHO they'll thumb their noses at this order just like they have thumbed their noses at subpoenas.....but I applaud the judge's effort.

[happygoluckytoyou]

33. IN A RELATED STORY...

THE WHITEHOUSE DESTROYED MILLIONS MORE EMAILS, STATING THAT THEY NEVER RECEIVED THE ORDER TO NOT DO THAT... SEEMS THE ORDER WAS DESTROYED BY A RETROACTIVE EMAIL DESTRUCTION BUG IN THE SYSTEM.

FROM HIS UNDISCLOSED LOCATION, VICE PRESIDENT "WHOS NAME WE CANNOT SPEAK" SAID, ON PROMISE OF ANNONYMINITY, THAT HE COULDN'T RECALL THE ACTION, BUT THAT THE PERSON WHO DIDN'T DO IT WOULD NOT BE PROSECUTED IF HE WERE NOT FOUND GUILTY.

PRESIDENT W, AWAKENING FROM HIS STUPOR AGREED, AND SAID INDEED WE HAVE JUST TURNED A CORNER, AND THAT WE ARE BACK WHERE WE STARTED.

[redqueen]

34. Yeah, cali posted about this yesterday afternoon.

Seems like too little, too late to me.

I hope I'm wrong... but if history is any guide... *sigh*

[Clark2008]

37. How long before Rush and Hannity start calling Kennedy a traitor

or digging up some obscure or trivial piece of crap from his past?

[JustABozoOnThisBus]

38. Ordered to preserve the missing e-mails?

Does that seem like a strange order? Like herding unicorns.

Anyway, I'm sure the administration will happily comply. (or not)

[LeftHander]

39. Rove was a spammer!!! nt

[clarence swinney]

40. Great Source

Today Buzz interview with John Dean do not miss it

[asdjrocky]

41. Thanks for the post Blue,

good info.

[whistle]

42. Thank you Judge Henry Kennedy

[Cameron27]

43. K&R

[L. Coyote]

45. DU Archive thread: Remember when this story broke

There was a ton of misdirection afoot! This "problem" has someone quite worried.

=============================================================
Email-Gate FACTS: Felons, georgewbush.com, gwb43.com , et. al.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x523978

[L. Coyote]

46. WA POST: Where Are the E-mails? By Dan Froomkin

"defendants shall preserve media, no matter how described, presently in their possession or under their custody or control, that were created with the intention of preserving data in the event of its inadvertent destruction. Defendants shall preserve the media under conditions that will permit their eventual use, if necessary, and shall not transfer said media out of their custody or control without leave of this court."

=======================
Where Are the E-mails? By Dan Froomkin
Nov 13, 2007 - http://www.washingtonpost.com/wp-dyn/content/blog/2007/11/13/BL2007111300956.html?hpid=opinionsbox1


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.

That obstinacy led a federal judge to step in yesterday and order the White House to preserve every bit of related data in its possession -- just to make sure nothing untoward happens while a civil suit .....

[lonestarnot]

47. Woohoo! Honorable Judge Kennedy!

Swaaaaaeeet! :bounce:

[wicket]

48. Excellent

:thumbsup:

[lovuian]

49. Woohoo Judge

:woohoo:

[Sancho]

50. The best news of the week....

:toast: