February 26, 2008 9:41 AM PST

Politicos squabble over 'missing' White House e-mails

by Anne Broache
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Democrats and Republicans were warring Tuesday over reports that the White House has "lost"--or simply failed to keep--archives of e-mails belonging to the president and his advisers.

Since last spring, the U.S. House of Representatives Committee on Oversight and Government Reform has been investigating reports that an estimated 5 million messages from 473 days between 2003 and 2005 allegedly vanished from e-mail servers housed within the president's office.

A hearing convened by the committee gave Democratic leaders a new chance to press White House officials publicly on how and when they expect to recover the files.

"We still know virtually nothing about the status of the alleged missing White House e-mails," said Committee Chairman Henry Waxman (D-Calif.).

Allen Weinstein, archivist of the United States, said the National Archives and Records Administration had similarly gotten no response from the White House to its queries about what's going on. "I'm concerned about maintaining the fullest possible presidential records," he told the committee.

Republican leaders said they were also concerned about the prospect of missing nuggets of presidential history, but they accused the Democrats of failing to acknowledge the White House's ongoing efforts to retrieve the messages. Republican Ranking Member Tom Davis (R-Va.) said the White House has said it has since reduced the number of days' worth of missing e-mails from 473 to 202 after discovering that those messages had been filed "in the wrong digital drawer" as part of a switch from the Lotus Notes to Microsoft Exchange e-mail system in 2002.

White House Chief Information Officer Theresa Payton assured the committee that her office is working actively on a multi-step restoration process. Their early results have identified an unspecified number of the previously "missing" messages, though those results still have to be validated.

When pressed by Davis, Payton also said she felt "very comfortable" that they would be able to reconstruct any remaining lost documents from "disaster recovery backup tapes," although she said that process would be time-consuming and could cost at least $15 million.

Did advisers use Republican National Committee accounts?
A separate issue under scrutiny revolves around charges that Karl Rove and some 50 other presidential advisers were using Republican National Committee accounts to conduct official business and thus subvert federal record-keeping laws. The RNC has said it had virtually no records of e-mails sent on its servers by Rove and others before November 2003, which Democrats argue is troubling because those messages may contain important official information about the president's decision to go to war in Iraq.

Waxman said he heard from RNC officials as recently as Monday that the White House had made no effort to request backup tapes from the committee that may contain those files. He scolded White House officials for their inaction. Both Payton and her boss, White House Office of Administration director Alan Swendiman, said they wouldn't be responsible for making such requests but would look into who is.

Republicans accused the Democrats of pursuing the investigation simply to dig up dirt on Rove and waste hundreds of thousands of dollars of money that the RNC could be using to shore up its candidates' campaigns.

"Are we simply going on a fishing expedition at $40,000 to $50,000 a month?" Rep. Darrell Issa (R-Calif.) asked National Archives and White House officials at the hearing. "Do any of you know of a single document, because this committee doesn't, that should've been in the archives but in fact was done at the RNC?"

"I think the issue is always, were there official government public records on that system?" responded Gary Stern, general counsel to the National Archives.

The loss of documents in either case is potentially significant because federal laws, including the Presidential Records Act, requires the White House to preserve all documents related to the president and vice president's official business and turn them over to the National Archives. Personal records, including political campaign-related materials, are expected to be filed separately and not subject to the same restrictions. The matter has already sparked a lawsuit from an advocacy group called Citizens for Responsibility and Ethics in Washington.

Clinton administration's archiving problems
The Bush administration isn't the first to encounter problems with missing e-mails. During the mid-1990s, the Clinton administration at one point relied on a flawed e-mail archiving system that failed, among other things, to preserve e-mails sent by people whose names began with the letter D. The situation resulted in congressional hearings and some $11 million spent on reconstructing the some 200,000 missing e-mails, Waxman said.

The problems for the Bush administration apparently started soon after the White House decided to shift its e-mail system from Lotus Notes to Microsoft Exchange in 2002. It also replaced the automated records storage system devised by the Clinton administration with a system that one of its own experts described as "primitive," according to Waxman.

According to the committee, the archive system is an "ad hoc" process called "journaling," in which a White House staffer or contractor manually copies e-mails and saves them on various White House servers. Democrats cast more than a little suspicion on that practice. They cited testimony outside the hearing from a former White House technology worker who said, at least during some points in 2005, those files and directories were available to all 3,000 employees under the umbrella of the executive office of the president.

White House CIO Payton, who began her job in May 2006, said she was unaware of anything of the sort. She also said she had no knowledge of anyone intentionally deleting or tampering with files and later said the copying of messages is automatic, not manual.

"We want to make sure we get all the e-mails over to the (National Archives) at transition" to the next president, she told the committee.

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Missing emails my arse!
by fredtheviking February 26, 2008 11:40 AM PST
The white house contention that they have lost the emails is laughable (Internet Tubes comes to mind). I just can't believe that White House is even allow to make such a ridiculious contention. One does not lose 400 days worth of email accidentally. It just does not happen and only an idiot would believe. Only an idiot could even make such a claim it.
Reply to this comment
have you ever worked in government
by grossph February 26, 2008 12:18 PM PST
It is not a democrat or republican issue...government workers are less then capable most of the time...I have worked in and around them and the level of incompatense can be mind blowing......heck hilary couldn't find her billing records for years....
View reply
Exchange ate my homework
by rcrusoe February 26, 2008 12:53 PM PST
As I recall Microsoft was also unable to produce a bunch of email
during their monopoly trial.

If MS has problems with Exchange losing messages what chance
does this White House gang? :)
Why not just ask the NSA?
by scdecade February 26, 2008 12:57 PM PST
The NSA reads all emails anyway. I'm sure they'd have no problem producing all of the emails in question.
Reply to this comment
typical republican loophole.
by inachu February 26, 2008 1:07 PM PST
Lets plug these loopholes!!!
Reply to this comment
I suppose you didn't
by suyts2 February 26, 2008 2:32 PM PST
read the part where it also happened to the previous administration. You ever migrate e-mail apps/servers? It ain't the prettiest venture. Add to that several thousand idiots with keyboards and prob. a politically appointed CIO, (As if they all aren't.) and its very plausible that they are indeed misplaced. Still if the bu tapes exist, should be easy enough to get back. Time consuming, yes, not sure about the $15mil price tag. But knowing our govt., probably true.
An e-mail is never completely deleted
by n3td3v February 26, 2008 1:10 PM PST
An e-mail may be deleted, but thats not the end of it. If you wanna go down the paranoia route. If you use Gmail, as you are composing an e-mail, every now and then the e-mail you're writing auto-saves, and thus pinging the NSA with it.

Even if you never end up sending your e-mail to anyone, its already been sent to NSA god knows how many times, every time Gmail auto-saves an e-mail as you write it.

The white house e-mails will for sure be somewhere as the other readers have commented on, i'm not entirely sure if the politicians even realise deleting e-mail doesn't mean its gone for good. As a consumer though, if you want your privacy, keep away from e-mail providers like Gmail who auto-save your e-mail as you are composing them.
Reply to this comment
A technical problem ?
by My-Self February 26, 2008 1:25 PM PST
Who can really believe this is a technical problem and searching emails can take that long and cost that much ?

They simply want to screen the mails and remove the most sensitive ones.
Reply to this comment
15 million huh?
by csparks300 February 26, 2008 1:34 PM PST
I think the words "Your fired" comes to mind.
Reply to this comment
no question
by Dalkorian February 27, 2008 8:57 AM PST
I'm sure we all realize that these emails aren't "missing" by
accident. That isn't the question. The question is when will
somebody finally hold fuhrer bushit accountable for even one of
his obvious lies?

I loved the part where the repukinazicons were asking "is this a
fishing expedition, or do we know something's in these deleted
messages" - are you for real? How are we supposed to know
what's in them, they're "missing" if you remember. "Missing"
because fuhrer bushit decided to delete them, which is against
the law. Since it's an illegal act, his lawyers likely instructed him
to make this look like an "accident" instead of just spewing the
same old "national security" BS he normally hides behind when
he's caught breaking the law (cough cough telcos cough cough
torture).

It's going to take decades to clean up the mess he's left us with.
We should at least get the satisfaction of impeaching the
bastard before he leaves office laughing his fool head off at us
all.
Reply to this comment
Trackback
by LotusGeek February 27, 2008 9:16 AM PST
http://www.lotusgeek.com/SapphireOak/LotusGeekBlog.nsf/d6plinks/ROLR-7C8MAY
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Missing White House E-Mails Apparently Can Be Recovered
by Mannyfrom February 27, 2008 2:57 PM PST
According to the article, it's a matter of money ($15 million) and
moving the Republican obstructionists on the committee (Tom
Davis and Darrel Issa) out of the way.

But each day that passes, it becomes more difficult and not do-
able.

It's going to take lighting a fire under Waxman's ass, which can
only happen when We, the People rise up against the Democrats
who are enabling the Bush administration getting away with
these crimes.
Reply to this comment
Earth for !Sale get your rock bottom prices here
by wildchild_plasma_gyro March 2, 2008 6:09 AM PST
Its a free for all with solutions being the curency.

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Reply to this comment
$15M - what?
by Bobgarrett March 2, 2008 10:21 AM PST
I'll do it for $14M
Reply to this comment
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