Missing White House Email Records Can Remain Secret, Judge Rules

WASHINGTON — A federal judge ruled Monday that a White House office that has records about millions of possibly missing e-mails does not have to make them public.

U.S. District Judge Colleen Kollar-Kotelly says the Office of Administration is not subject to the Freedom of Information Act, enabling the White House to maintain the secrecy of a lengthy internal paper trail about its problem-plagued e-mail system.

The decision came in a lawsuit filed against the administration by Citizens for Responsibility and Ethics in Washington, a private group that has been trying to find out the extent of the White House's e-mail problems for more than a year.

The functions of the Office of Administration "are strictly administrative," Kollar-Kotelly ruled.

Kollar-Kotelly said the Office of Administration has no authority over others in the executive branch and that the office is exclusively dedicated to providing services to the Executive Office of the President.

Since its creation in 1978, the Office of Administration has responded to FOIA requests. But the Bush White House reversed that policy in August 2007 in the lawsuit filed by CREW.

Kollar-Kotelly's decision closes off one avenue of inquiry because while CREW is appealing, time is running out, with just seven months remaining in office for the Bush administration.

Still, the White House's legal problems over its e-mail system are not over. CREW and another private group, the National Security Archive, have sued the Executive Office of the President over the possibly lost e-mail, claiming that the EOP has failed to comply with legal obligations by failing to take steps to ensure preservation of electronic records.

In that case, a judge is considering whether to instruct the EOP on steps it must to take to safeguard electronic messages. The White Houes is seeking to have that suit thrown out.

The White House has acknowledged problems with its e-mail system, while saying that if any e-mail is missing, it can be found on disaster recovery backup tapes.

Comments

[ReasonIsMyReligion]

But the U.S. Archivist is independent enough to warrant this same judge's overruling the President?

Court reverses Bush on archive secrecy
Mon Oct 1, 2007
http://www.reuters.com/article/newsOne/idUSN0134945820071002

Go figger.

[Felicty]

Why do we even bother believing in justice?

[Vinca]

To Felicty:GW Bush And Cheney are both like the rat that grabs the cheese , but never gets caught in the trap,I DO SO WISH WE COULD GET THEM BOTH OUT OF OFFICE BEFORE THEIR TERM ENDS

[LivingStardust]

U.S. District Judge Colleen Kollar-Kotelly.

I guess that makes you just another enabler of unconstitutional fascists and criminals.

And again proving that axiom that cream rises. You know what floats.

Floater.

[rollingdivision]

The same respect for the courts following the law as they honestly believe the law is intended, should be shown for rulings we like, the SCOTUS gitmo habeas ruling and rulings we don't like, so we shouldn't vilify the judge.

[LivingStardust]

You fight fascism your way, I'll do it mine. And respect is EARNED, not DUE.

[philipwitak]

"we" may be justifiably entitled to "vilify the judge" if it turns out that she was appointed by the corrupt administration now benefitting from her protection.

[ez14livin]

those emails aren't missing... they were turned into dollar bills and used in the reconstruction of iraq

oh wait...

[Andman0121]

the judged ruled whaaaaat? SHOCKING. Can we throw these criminals in jail yet???

[Ivar]

Typical Bush tactic....­admit nothing, deny everything and demand proof.

[BBackSoon]

We live in a modern time. Remember when they had to destroy evidence by burning papers in the trashcan? Now they just wipe out a few hard drives. Ain’t progress grand?

[ReasonIsMyReligion]

Don't forget, there WAS a fire in the VP's support offices a few months back.

[Marlyn]

set by whom?

[artsandminds]

I would appreciate a little back ground about this judge, who nominated her, and has she made such rulings in the past?

[ThunderclapNewman]

She is noted for her fairness and objectivity.

I would expect CREW to appeal.

[Vinca]

To Thundercla­pNewman:Ob­jectivity- Schectivity, THAT'S A CROCK!

[ReasonIsMyReligion]

Executive Privilege does not extend to every office and cublicle under the vast umbrella of the executive branch. It has applied to the Oval Office, and advice the Executive HIMSELF gets from his advisors.

Otherwise, every office and federal official and employess down to the Yosemite National Park latrine cleaner could flip off the public, the courts, and congress.

[argeec]

Executive privilege has no constititional standing. Congress has authority to oversee the executive.

[dagnome27]

and this is exactly what BushCo have been trying to whittle down and eliminate since they were annointed into office by the Supremes in 2000. Their idea of a Presidency is an Imperial Presidency where Cheney gets to do what he wants, and Bush is the stooge. Do you remember the Movie "Dave"? Remember the Chief of Staff who ran the gov't while the real President was incapacitated by the stroke? Same thing here except there's no stroke, and it's the VP, not the Chief of Staff who's the Svengali.

[ReasonIsMyReligion]

Appeal.

[Ivar]

Typical Bush tactic....­Admit nothing, deny everything and demand proof.