Obama Administration Trying To Kill Lawsuit Over Bush White House Emails

WASHINGTON — The Obama administration, siding with former President George W. Bush, is trying to kill a lawsuit that seeks to recover what could be millions of missing White House e-mails.

Two advocacy groups suing the Executive Office of the President say that large amounts of White House e-mail documenting Bush's eight years in office may still be missing, and that the government must undertake an extensive recovery effort. They expressed disappointment that Obama's Justice Department is continuing the Bush administration's bid to get the lawsuits dismissed.

During its first term, the Bush White House failed to install electronic record-keeping for e-mail when it switched to a new system, resulting in millions of messages that could not be found.

The Bush White House discovered the problem in 2005 and rejected a proposed solution.

Recently, the Bush White House said it had located 14 million e-mails that were misplaced and that the White House had restored hundreds of thousands of other e-mails from computer backup tapes.

The steps the White House took are inadequate, one of the two groups, the National Security Archive, told a federal judge in court papers filed Friday.

"We do not know how many more e-mails could be restored but have not been, because defendants have not looked," the National Security Archive said in the court papers.

"The new administration seems no more eager than the last" to deal with the issue, said Anne Weismann, chief counsel for Citizens for Responsibility and Ethics in Washington, the other group that sued the EOP.

The Executive Office of the President includes the president's immediate staff and many White House offices and agencies.

Tom Blanton, director of the National Security Archive, noted that President Barack Obama on his first full day in office called for greater transparency in government.

The Justice Department "apparently never got the message" from Obama, Blanton said.

The department defends the government when it is sued.

Comments

[Mosby12]

http://apnews.myway.com/article/20090221/D96G5E9G0.html

I love it. I love it. I love it. Liberals are being dissed by Obama and all you are doing is bending over and grabbing your ankles.

I am an independent who sees both sides and your ilk make the conservatives look like icons of integrity.

If Obama is defending Bush's policy on detention, spying and rendition, DOES THAT MAKE HIM A CRIMINAL... IF YOU LIBERALS HAD ANY INTEGRITY, IT WOULD.

[Knowitall]

If you are trying to build a case, you DO NOT release all of your evidence (especially when you don't yet have it), so that your adversary can refute it.

If Obama is anything, he is very cautious. He does not jump the gun or make very many hasty moves. When you operate like that you get burned--especially in a court of law. So all the griping and lawsuits can go on, his administration will not make a move until they are ready.

Once again I find a misleading headline. No where in this article did I see any indication that the Obama administration is "trying to KILL" a lawsuit. The most you can say is they are trying to slow it down. The article says the administration is continuing the attempt to dismiss the lawsuits, but the quotes say they are not inclined to continue or don't seem interested--that's a big difference.

Besides, when did dismissing an outside lawsuit mean the government wasn't interesting in pursuing a particular issue. It only means they aren't interested in releasing the information to a group who is going to blow it up in the media or exploit it for financial gain, before the government gets a chance to investigate it. Many times it means just the opposite of what posters are saying here.

This is politics, pure and simple. Nothing more.

[Ohsherrie]

Thank you Knowitall for giving me a different perspective on this and one that I can wholeheartedly agree with.

I want to know what's in those emails, but that doesn't mean satisfying my, or anybody esle's, curiosity is the most important thing to be considered in this situation.

We all have to remember that anything that comes to us through the main stream media is going to be skewed by the right wing interests of the corporations that own the media.

[Mosby12]

Yeah and I have bridge in Brooklyn for sale... cheap! You conveniently dismiss all of the Obama's previous signals... conerning the so-called "criminal Bush regime". He has been fully briefed on the reality of the threats against the US and is using common sense .... something most of the bloggers on this site need in large doses.

= quietly allowing Rendition interrogation by Mid Easter allys ...while our CIA watches and takes notes
= Closing Gitmo without a plan on what to do with the detainees. I'll bet you a pizza it will NOT be closed in a yea
= 17,000 troops to Afghanistan to fight terrorism/Taliban a.k.a Liberal Speak = "Freedom Fighters"
= Voted for and supports the latest intelligence gathering iteration of the Patriot Act
If Bush was "criminal", where does that put Obama?

[Carolab]

The "Larger Picture" of the missing e-mails

http://www.sourcewatch.org/index.php?title=Bush_administration_U.S._attorney_firings_controversy/e-mail_controversy

[Vinca]

I HOPE THE ADVOCACY GROUPS BEAT OBAMA, ON THIS ISSUE

[Carolab]

White House E-Mail Chronology

http://www.gwu.edu/~nsarchiv/news/20080417/chron.htm

[Carolab]

White House Finds 14 Million 'Missing' E-mails, DoJ Lawyer Says

Despite assurances by Hong that "missing" e-mails have been recovered, Gewirtz has advised the incoming administration of President-elect Barack Obama to treat White House computers left behind "like crime scene evidence."

"What must happen is this: each computer your team finds in the White House and the [Executive Office of the President] must be treated as evidence," Gewirtz wrote in an open letter to Obama in the magazine Outlook Power. "Each machine must be cataloged and then removed for forensic examination. Under no circumstances should anyone on your team boot up any of those machines or use them."

http://pubrecord.org/law/628-white-house-finds-14-million-missing-e

[Carolab]

From above: "Hong's claims that outside contractors were hired to recover the "missing' e-mails was a concern CREW first raised last August.

It was then that CREW disclosed in a court filing that the administration hired an outside contractor to search individual computers for tens of thousands of missing e-mails that disappeared between 2003 and 2005.

But according to the group's court filing, information technology experts hired to conduct the search apparently were told not to try and locate hundreds of thousands of e-mails from March 2003 to September 2003 that were missing, a crucial timeframe that encompasses the start of the Iraq war, and the leak of covert CIA operative Valerie Plame Wilson.

“In addition, the White House is about to begin selecting, or has already selected, a contractor to restore the missing email, although it is CREW's understanding that the White House does not intend to use backup tapes predating October 2003."

Details of Rove's IT Guru Connell's De_ath Emerge

During the investigation into missing emails between the White House an Justice department, per Cybrinth CEO Stephen Spoonamore, as reported on HuffPo, Connell asked

about ways to "permanently de_stroy hard drives." Spoonamore said "If this is what I think you're talking about, this meeting is over."

http://campaignsilo.firedoglake.com/2008/12/21/he-was-frightened-details-in-roves-it-guru-connells-death-emerge/

[dragonlady620]

As I have stated everywhere I am absolutely 100% for accountabi­lity-there will be NO healing and NO change unless that happens. But NOTHING in this very brief and uniformative piece warrants the knee-jerk and borderline hysterical responses I have been seeing here. I prefer to withhold judgement until I have more facts-and this article didn't have any. When I see real evidence that this administration is going to do nothing to pursue the lawbreakers, or is in any way suppressing evidence, I will be the first to raise hell.

[TrnsNtnl]

This will come back to bite him in the arse real fast. People want to understand, investigate what happened in order to get some closure on recent horrific global events. The new administration cant just ignore their cries for transparency and justice when they are claiming to uphold and expand it.

[Carolab]

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Transparency and Open Government January 21, 2009

My Administration is committed to creating an unprecedented level of openness in Government. We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.

I direct the Chief Technology Officer, in coordination with the Director of the Office of Management and Budget (OMB) and the Administrator of General Services, to coordinate the development by appropriate executive departments and agencies, within 120 days, of recommendations for an Open Government Directive, to be issued by the Director of OMB, that instructs executive departments and agencies to take specific actions implementing the principles set forth in this memorandum. The independent agencies should comply with the Open Government Directive.
This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

http://www.wcl.american.edu/lawandgov/cgs/documents/20090121_government_opennesss_memo.pdf?rd=1

[Carolab]

Executive Order 13489—Presidential Records January 21, 2009

Sec. 2. Notice of Intent to Disclose Presidential Records. (a) When the
Archivist provides notice to the incumbent and former Presidents of his
intent to disclose Presidential records pursuant to section 1270.46 of the
NARA regulations, the Archivist, using any guidelines provided by the incumbent
and former Presidents, shall identify any specific materials, the
disclosure of which he believes may raise a substantial question of executive
privilege.

However, nothing in this order is intended to affect the right
of the incumbent or former Presidents to invoke executive privilege with
respect to materials NOT IDENTIFIED by the Archivist.

http://edocket.access.gpo.gov/2009/pdf/E9-1712.pdf

[Shebeezies]

"Two advocacy groups suing the Executive Office of the President say that large amounts of White House e-mail documenting Bush's eight years in office MAY STILL be missing"

See the caps in the above quote. So, these groups want to send the Obama administration on a wild goose chase for something that MAY exist ... or may NOT exist.

Look, I'm all for hauling Bush, Cheney and crew before the courts. No emails needed to charge them with war crimes, now is there?

But right now I want the Obama administration to focus on the present economic mess and the future of this country. Bush ain't going anywhere.

[Beowolf741]

Yeah he can't. He'll be arrested in other countries for war crimes most likely.

[Carolab]

The DOJ can focus on more than one thing at a time. We need investigations and prosecutions on multiple fronts. But the e-mails provide the link to so many important issues--the elections, the firing of the U.S. Attorneys (which is related), and the prosecutions of scores of innocent Democrats to diminish the Party's influence in this nation permanently. And all of them lead back to Rove.

[JeanPaulSatire]

Other than the naked assertion that the Obama Justice Dept. is siding with Bush in seeking to kill the lawsuit, there was NOTHING in this story to support it.

Why didn't the story mention what steps/acts have been taken by the administration? In what form does this "siding" actually take? Has the Obama Justice Dept. filed anything with the court hearing the case that supports this contention?

If this story had been written by a Journalism 101 student, it would likely get a D+ (in fairness, there WERE a few good quotes). The journalistic standards of articles appearing here often leave much to be desired.

[Mekrabb]

QFT. This website is more about outrageous often right out lies for headlines with virtually no story or information supported unless it is a direct link to another website. All it is meant to do is to get your blood going and then flame someone for who you disagree. They would be much wiser to allow more intelligent conversations. It would lead to this website being a real conversation site in the future but if it keeps up people will just leave for somewhere else.

[TommyJames1]

Give a break. This is a summary piece; not a research piece.

Get off your arse and do some:

http://www.citizensforethics.org/files/20090220%20-%20CREWs%20Opposition%20to%20Defendants%20Motion%20to%20Dismiss.pdf

http://www.gwu.edu/~nsarchiv/news/20070905/complaint.pdf

[research]

Great links. Wish the article had done that.

Where's the official Obama administration statement rejecting the email restoration?

Or is the Obama admin only seeking to squelch the lawsuit?

[Carolab]

I just read that the National Security Archives and the American University in D.C. have launched a collaborative research effort. I wonder what that's all about.

[mitsie]

Everyone needs to cool their heels. We have enough on our plates right now. Everyone wants everything yesterday. For god sakes, give our President some time to work on all the problems. Also stop wanting everything yesterday.

Is this the me generation, who is so impatient, they make a rush to judgement. You mention 2012 and are going to make a determination to vote for the Republican who could take that place and it could be Palin. OMG think of the mess we would be in if McCain/Palin had one.

I do not get angry often but after reading these posts I just don't see why everything thinks the emails should be released soon. President Obama's staff have to find the emails, evaluate them to see if there are some missing, then review all the emails for eight years, to ensure our national security is not compromised

[JeanPaulSatire]

WRONG!

Not everyone has too much on their plates and those people do not need to 'cool their heels.' It isn't Joe and Jo Sixpack who are putting the pressure on for the emails to be recovered and turned over, it's public interest/watch-dog groups that are leading the charge. Their plates are not empty and this is precisely their raison d'être.

Administrations (even President Obama's) need to understand that they are being watched as they do the people's business. Legal shortcuts, end-runs, and disregarding the law simply are not acceptable and will not be tolerated.

BTW, the Obama administration's position isn't that the plaintiffs in the suits just need to wait, it's that the emails shouldn't be released at all. Put another way, it's not about timing, it's about access. And that is amazingly disappointing.

[Helzapoppin]

Nonsense. It's not like Obama has to personally look for those emails himself. Do you have any idea how many people are employed by the govt to do just this sort of thing?
Plus the administration is expending far more time and energy blocking investigations and challenging lawsuits than they would if they simply let them proceed.

If Obama keeps coming down on the wrong side of these issues and continues to defend Bush's power grabs and Imperial Presidency, it is going to cost him.

[Independent voter]

Are you saying that poor Obama is too busy to comply with his campaign rhetoric about transparency and the end of Bush style secret dealings?

That's a load.

It just so happens that Obama has a lot of people working for him and all that he has to do is DELEGATE.

This is just another empty promise. Obama is getting too good at backtracking.

[dennissinned]

Doesn't seem like we've learned anything from Nixon at all. It's not like it happened more than a hundred years ago. Those who forget the past are doomed to repeat it.

[mitsie]

IMO I do think this issue comes under executive previlge. The emails do contain private info between Bush and his staff. I believe in transparency, but sometimes it can go to far, especially if some of this information involves top secret info that would compromise our safety.

[Abrafo]

I agree with you people want to know even when the people in government go to potty. BTW where in this article does it prove that the Obama administration is trying to kill the lawsuit? it only quotes someone saying. "The new administration seems no more eager than the last". Is that the proof that the new administration is trying to kill the lawsuit?

[DofG]

We must remember that conflict is the lifeblood of the media! It is biology 101 regarding stimulus, and response.

The next question should be what utility does it serve?

Big business, and government tend to have a benign (pathology) contempt for large numbers of people, but not large numbers of dollars, except in selling goods and services, war, and the extraction of taxes.

In other words, we have become a nation of self-consumption, where our external enemies' greatest weapon is patience!

[Helzapoppin]

show me in the Constitution where it established "Executive Privilege"

[Independent voter]

You are right. It is not in the consitution, but was 'given' to us by the supreme court:

Chief Justice Burger in US vs. Nixon noted: "Whatever the nature of the privilege of confidentiality of Presidential communications in the exercise of Art. II powers, the privilege can be said to derive from the supremacy of each branch within its own assigned area of constitutional duties. Certain powers and privileges flow from the nature of enumerated powers; the protection of the confidentiality of Presidential communications has similar constitutional underpinnings.

[deke4]

Why is always getting at the truth a big waste of money? Republicans did not think that some 100 million a waste of money to impeach a president for a social dalliance that caused more Republicans to resign for the very same issue. Now we may be talking out and out deception, lies, and probably criminal behavior. But alas that is a waste of money to Republicans, the party, so they tell us , of family values.

[ProsperosMagic]

The repubes are already printing "impeach Obama" stickers; they rail against any talk of impeaching Bush.

I don't expect anything different from them.

[rosalala]

Good. It's another BIG waste of our money and it would be unlikely that anything would come of it. Finally, a sensible leader. whew.

[Independent voter]

Thanks for the clarification. I get it now------

If Obama hides the truth, then looking for the truth is a big waste of money.

When Bush hid the truth it was a crime against humanity.


HAR!

[Ascoli]

I love Obama but....if he sweeps all the crimes under the rug then he is no better and I pity the US of A

[sabbeloka]

I'm shocked! SHOCKED, I tell you. . .

" One of the most persistent cultural tics of the early 21st century is Americans’ reluctance to absorb, let alone prepare for, bad news. We are plugged into more information sources than anyone could have imagined even 15 years ago. The cruel ambush of 9/11 supposedly “changed everything,” slapping us back to reality. Yet we are constantly shocked, shocked by the foreseeable." Frank Rich

[nancytheragingliberal]

Ascoli, I agree with you, but as I have said on numerous occasions, if O. disappoints me, the answer is pure and simple; my wallet will be closed, for good.

[Independent voter]

mine too

[bigbadsam]

Obama looks more and more like Bush/Cheney. Are there any decent polititicians? (Please don't answer that)

[Helzapoppin]

An honest politician going to Washington is like a virgin entering a brothel. They either leave quickly, or they aren't virgins for very long.

[grf67]

If the Obama administration is looking for the moral and legal high ground, it is missing the mark by a lot. No one is above the law. This is not good for 2012.