Court Backs Restraining Order Against White House Over Missing Emails

Major development today in the case, CREW v. Executive Office of the President.

Magistrate Judge John Facciola, issued a report and recommendation (found here under "Related Documents) in which he concluded that a temporary restraining order preventing the White House from destroying any back-up copies - in whatever medium -- created to preserve data.

CREW sought this order to ensure that back-up copies of the millions of email deleted from White House servers between March 2003 and October 2005 were preserved pending resolution of CREW's lawsuit challenging as contrary to law those deletions and the failure of the White House to have an effective electronic record-keeping system in place.The court refused to accept the last-minute proffer of the White House to provide a declaration in lieu of a court order, explaining that a declaration is not sufficient because a violation is not punishable by contempt. The White House has 10 days in which to file an objection to this recommendation, after which District Court Judge Henry Kennedy will issue an order.

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