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Robert J. Elisberg

Robert J. Elisberg

Posted: January 24, 2008 12:10 PM

Sometimes, You See, Email Really Does Get Lost


An internal White House study has claimed that between 2003 and 2005, emails from 473 of those days are gone.

It kind of makes that excuse "the dog ate my homework" pale by comparison.

There are 730 days in the two years between 2003 and 2005. That means 65% of all emails have disappeared. (Actually, to be accurate, it's 64.79452%. But somehow, accuracy seems so beside-the-point here.)

In 1973, during Watergate, 18-1/2 minutes of a White House tape recording were missing. The public outcry was so massive, aghast at the sheer unbelievability and possible criminality of such a disappearance, that it was a critical piece in the impeachment trials of President Richard Nixon, ultimately leading to his resignation.

18-1/2 minutes? Tosh, that's a blink compared to 473 days of missing White House emails. This is 681,130 minutes. That's a buttload of minutes. You could impeach 3,6817 presidents with that many minutes.

The good news in all this, of course is that it means 257 days worth of emails weren't shredded. The bad news is that someone is going to get fired for not doing their job.

What's perhaps most wonderful about all this is that the Bush administration's Office of Administration is challenging the study in court. Why wonderful? The study was commissioned by -- the Bush Administration's Office of Administration. Honest. I'm not making this up. You can tell because when I make stuff up like this, my head doesn't explode.

Almost better than even this (almost, because it's pretty hard to top someone challenging themselves in court. The closest being Woody Allen cross-examining himself in the comedy farce, Bananas), almost better is beloved White House spokesman Tony Fratto's insistence that there's "no evidence" that the emails are missing.

Okay, he's sort of right. Missing emails aren't evidence.

You'd think it would be pretty easy for Mr. Fratto to end this. Just present the missing emails. Hey, just present one missing email. Given the number of offices in the White House and emails flying around, there have to be many millions. Just show one. It would be a great "Aha!!" moment. "You said there were 4,000,000,000 emails missing - but here's...one. Aha!!!" It would sure show them.

("Them" being the United States Congress, the American public, the world, and you.)

It's additionally fun - bizarre - unbelievable - criminal, take your pick - that, as the Washington Post notes, "Archived e-mails were missing from even more days in other parts of the White House." The Council on Environmental Quality and the Council of Economic Advisors "showed no stored e-mails for 2 1/2 months beginning in November 2003. The Office of Management and Budget showed no messages for 59 days - including the period from Nov. 1, 2003, to Dec. 9, 2003 -- and the Office of the U.S. Trade Representative showed no e-mail for 73 days.

In legal terms, this is known as "pattern and practice." In Bush administration terms, this is known as business as usual.

There's a fine line between incompetence and intentional criminal acts. (No, there really isn't, I'm just being polite.) And this not only crosses the line, it dots the i's, leaps over the edge and buries itself deep into the bottomless pit of the earth's asthenosphere.

Anyone trying to excuse this egregious act of gross malfeasance is either a White House official, or an inmate at San Quentin trying to get clemency before being hauled off to Death Row.

Admit it, if you wanted just one piece of information from someone, and they said they lost it, your eyes would role. If someone tried to pull 473 days-worth of missing paperwork, you'd be on your phone to the local cop before even pausing to ask, "What are you hiding??!"

What, did no one at the White House ever notice anything was gone? No one ever did any research for those 473 days? No one checked an earlier email for that really funny joke Dick Cheney sent them?

But see, there's an even more massive issue here, even if one is so constipated that they could excuse this unbelievable act. All White House records must be maintained that are presidential or federal records. It's the law. Everyone in the White House knows this. It's hard to miss: it's called the Presidential Records Act. To think, therefore, that they could just lose 473 days of emails and be okay does not stretch the bounds of credibility, it breaks the laws of physics.

Houdini wouldn't have tried a disappearing act this brazen. It's the difference between a great magic trick and brazenly telling the audience to its face you think they're dullards. The latter gets you tarred-and-feathered, and then run out of town on a rail.

C'mon, Mr. Fratto, just one piece of email from those missing 681,130 minutes. One.

An email request was sent to Tony Fratto, asking for an explanation.

Unfortunately, it is missing.

 
 
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03:38 PM on 01/25/2008
There's a big difference between an e-mail getting lost in cyberspace and being securely deleted!

That my friend has to be a deliberate act on the part of stiff little fingers telling mickey mouse, yes, I'm sure, securely delete!
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HUFFPOST PUNDIT
realitytrumpsbull
two 'alves of coconut!
12:21 AM on 01/25/2008
I had another thought on this: Who really wants to read their damn email anyway? It's probably all about the North American Union, and how best to employ their drug dealers to advance 'shock and awe' in american communities, all really boring and pretty predictable stuff. What, you think the password to the swiss bank account is in there, or something? They already offshored all the money...next year, they get to go spend it...
HUFFPOST PUNDIT
realpolitic
GOP is full of sound and fury, signifying nothing!
12:16 AM on 01/25/2008
President Bush appoints people to office for the very reason that they will not do their jobs. That is why they are there in the first place, as many in the EPA and Justice Department can attest to. As long as they do not do their jobs they have job security. If they developed a conscience, then they may be in trouble.

With all the missing correspondance I wonder what they will put in the Bush presidential library? Perhaps pictures of Abu Gharib or Guantanamo, besides infringements on our civil liberties and endless warfare, this is Bush's only legacy. Well, I guess Laura is still proud of him.

We have a great country, but it was not quite great enough to persevere through eight years of a Bush presidency. Nothing is up to that challenge!
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HUFFPOST COMMUNITY MODERATOR
23000Days
Life: Tragedy for feelers, Comedy for thinkers.
08:45 PM on 01/24/2008
Sooner or later, torches and pitchforks will replace rhetorical punditry.
07:35 PM on 01/24/2008
Do you really think they want to give us those emails about 9/11? Think of all the damning evidence they must have needed to get rid of...that's over a year! Emails don't get lost. We are not fooled. What can we do?
04:40 PM on 01/24/2008
E-mails do not go missing or disappear. Any vendor that deals with electronic discovery will tell you that, and any activity to "delete" e-mails from the server will show up. They are there, and any vendor can find them. The issue is what the White House's published policy is towards document retension and destruction. That is what the press should be investigating. Then once you know, it can easily be shown if the White House has complied with the policy. If they have not, they can be brought before a Federal Court. Private companies have paid serious fines and slapped with contempt charges for not following the law regarding document retension and destruction. Then the next step is to go through the servers and back up tapes from the periods in question.
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HUFFPOST PUNDIT
realitytrumpsbull
two 'alves of coconut!
02:15 PM on 01/24/2008
Well, another instance of 'lost email' helped set the stage for a lost space shuttle. Sometimes stuff is important, sometimes it isn't, but if they were required to maintain an archive, and didn't, well, that's pretty serious.
01:29 PM on 01/24/2008
The unbridled arrogance of the Bush administration has been deleted. Move along - there's nothing to see here. It never happened - you never saw it, and you can't prove a thing.

Our president believes he is Bart Simpson, and like Bart - he expects to get away with everything. Bush and company feel entitled to get away with it. God told Dubya so at a Skull & Bones mixer.
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01:06 PM on 01/24/2008
You can "delete" email from any system if you want to: it's never really "gone."

Get real. This is the Executive Branch of the United States Government. A whole lot of somebodies out there make it their professional livelihood to make certain that information does not "go missing" and does not get disclosed. We're talking about systems that handle top-secret information here. These are not closet hacks.

Well, maybe the criminals are closet-hacks, like the poor bloke who was pimping his pages using text-messaging as though text-messages were not retained too.

Wish for those messages hard enough, and they will appear.

Let the impeachment trials begin.
12:47 PM on 01/24/2008
It's not the first time this administration has defied the laws of Physics. They really must have God on their side.
12:31 PM on 01/24/2008
18.5 minutes vs. 473 days...puts a lot into perspective. Not only for the sheer mockery this makes of federal law, but it shows how complacent we've become, how inured to corruption. I can't believe that there are people who don't think this is a big issue. I can't believe that the US Congress isn't pushing to impeach this administration. I have to believe it's because everyone - the Bushies, the rodents in Congress, etc. - has a dirty, bloodstained hand in the whole mess.
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LeftRight
TANSTAAFL
12:28 PM on 01/24/2008
You know, I really want to be angry about this one. I really, really do. Unfortunately with our great congressional democratic leadership having taken impeachment off the table, now I'm just apathetic. I would be angry, were there but a small chance that my anger could DO ANYTHING!