Judge Orders White House to Show Cause Why Missing Email Should Not be Recovered

by Sabrina I. Pacifici on March 18, 2008

Follow up to previous postings on litigation and hearings on missing White House email and violations of the Presidential Records Act, today’s news release: “Today, in response to a request by the National Security Archive, which along with Citizens for Responsibility and Ethics in Washington (CREW) has sued the White House challenging its failure to preserve millions of missing email, Magistrate Judge Facciola issued a show cause order in CREW, et al. v. EOP. Judge Facciola’s order requires the White House to show cause by close of business Friday, March 21, why it should not be ordered to create and preserve a forensic copy of any media that has been used or is being used by any former or current employee between March 2003 and October 2005, the period of time for which email is missing. He entered the Order based at least in part on the White House’s own admission that it did not preserve back-up tapes prior to October 2003.”

  • National Security Archive: Memorandum of Points and Authorities in Support of Emergency Motion to Extend TRO/Preservation Order and for Depositions, March 11, 2008
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