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brayton_headshot_wre_1443.jpg Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of Michigan Citizens for Science and co-founder of The Panda's Thumb. He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media and the host of Declaring Independence, a one hour weekly political talk show on WPRR in Grand Rapids, Michigan.(static)

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« Obama Urged to Reject Honorary Boy Scout Title | Main | Pentagon Official Admits to Torture »

Missing White House Emails Suddenly Appear

Posted on: January 20, 2009 9:16 AM, by Ed Brayton

Those millions of mysteriously and conveniently missing emails -- you know, the ones that suddenly went missing as soon as Patrick Fitzgerald was appointed to investigate the Valeria Plame leak -- have reappeared with just a few days left in the administration. What a coinkydink!

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.

To quote the Church Lady: Well isn't that convenient? And it only took several federal judges issuing orders to get it done:

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...

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.

Unsurprisingly, the plaintiffs in these cases are skeptical:

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."

Here's something even more convenient:

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.

Well at least they finally found a use for that mission accomplished banner.

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Comments

1

...noting that officials have repeatedly declined to detail the procedures they used.

What procedures? They were never lost and therefore never needed any 'procedures' to recover. I agree with lawyer for CREW Weisman when she states: "I'll believe it when I see it."

Criminal bastards should be locked up.

Posted by: Mike | January 20, 2009 10:28 AM

2

Personally, I've never understood the reasoning behind having a waiting period for the release of a departing administration's records. Considering that all documents dealing with sensitive material are classified by the agencies involved at the time they are written, it's not as if it would be difficult to separate the sensitive from the mundane.

Posted by: Julian | January 20, 2009 10:35 AM

3

Where the heck were they looking all this time? Down the back of the filing cabinets? Either you've got backups or you don't.

Posted by: Dunc | January 20, 2009 10:54 AM

4

Seeing how these e-mails - assuming that they weren't scrubbed - might potentially be used against Bush and Cheney in the Plame affair, which is essentially about treason, why did they release them at all?

Oh yeah - they were scrubbed. Silly me.

Posted by: Gingerbaker | January 20, 2009 1:20 PM

5
Personally, I've never understood the reasoning behind having a waiting period for the release of a departing administration's records. Considering that all documents dealing with sensitive material are classified by the agencies involved at the time they are written, it's not as if it would be difficult to separate the sensitive from the mundane.

The answer to that is Dick Cheney's comment that the only way to keep memos from biting you is to never write any. If you look at records only as a means of prosecuting people, you end up with few or no records. A longer waiting period, say 20 years, would at least benefit the historians who want to study the period at a later date (yes, I have a bias toward the historians, but discouraging good recordkeeping isn't going to help either side).

Posted by: Scott Hanley | January 20, 2009 1:22 PM

6

How convenient indeed! He may have lost the court battle, but Bush was able to run out the clock nearly to the end on the missing e-mails and other legal issues.He may be as popular as an anal cyst, but Bush never got indicted for his many crimes, which may explain the omnipresent shit-eating grin on his face.

Posted by: Raymond Minton | January 20, 2009 8:11 PM

7

Cue Arte Johnson in Nazi costume, peeking through the bamboo (corn husks, ficus leaves, maple oak or elm branches, cannabis palms, palm fronds, paralyzing ornamentals) leaves. He takes hiis cigarette holder from his lips with continental flair and says, "Very interesting." Quick look off stage, then, "But very suspicious."

Then he introduces his newest partner, Justine Tyme.

Still, interesting.

Posted by: Crudely Wrott | January 20, 2009 10:45 PM

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