Judge Seeks White House Accountability, Inquires About Back-Ups of 'Missing' Emails

A BUZZFLASH NEWS ALERT

The Associated Press and Citizens for Responsibility and Ethics in Washington (CREW) have reported that, in the case of The National Security Archive v. Exec. Office of the President, Judge John Facciola has given the White House five business days to report whether computer backup tapes contain e-mails written between 2003 and 2005. These emails may shed light on the Valerie Plame/Scooter Libby CIA leak case in which Libby was found guilty of perjury and obstruction of justice.

The judge's action is notable in that it carries with it the germ of accountablity, whereas previous actions typically have allowed the Bush administration to stall and stonewall and fail to produce evidence requested.

The Bush administration had offered to have the government file a sworn declaration stating that the White House is safeguarding all backup materials. Instead, Judge Facciola recommended that the judge in the case, Henry Kennedy, issue a court order because “a declaration is not punishable by contempt. In other words, without such an order, destruction of the backup media would be without consequence.” Mr. Kennedy did as Judge Facciola suggested.

Federal magistrate probing White House emails (AP/Globe and Mail)

JUDGE ISSUES ORDER DEMANDING ANSWERS FROM THE WHITE HOUSE ON BACK-UPS OF 10 MILLION MISSING EMAILS (citizensforethics.org)

As Think Progress emphasizes, further:

Facciola noted the importance of acting quickly since e-mails that might be retrievable from individual computer workstations in the White House “are increasingly likely to be deleted or overwritten with the passage of time.”

http://thinkprogress.org/2008/01/08...

BuzzFlash also reported in April, 2007 that the loss of the emails, put at 10 million by some estimates, was improbable, according to Patrick Leahy and Arlen Specter.

Top Senators: White House Emails Covered Up, Not Destroyed

It's good news if Judge Facciola's action, and those of CREW, prove to be a genuine and important step toward accountability in the White House.

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