"Despite court orders and statutes," Bush admin. failed to preserve e-mails

Last week, CREW provided an analysis of what was happening in the Bush/Cheney administration on days that White House e-mails are missing.  Today's Washington Post examines the failings of the administration's failure to follow the laws on preserving e-mails:

For years, the Bush administration has relied on an inadequate archiving system for storing the millions of e-mails sent through White House servers, despite court orders and statutes requiring the preservation of such records, according to documents and technical experts.

President Bush's White House early on scrapped a custom archiving system that the Clinton administration had adopted under a federal court order. From 2001 to 2003, the Bush White House also recorded over computer backup tapes that provided a last line of defense for preserving e-mails, even though a similar practice landed the Clinton administration in legal trouble.

The Post also examined what was happening on days for which the e-mails are missing:

Controversy surrounding the Bush administration's policies intensified on Thursday, when the House Oversight and Government Reform Committee released details of a briefing by White House special counsel Emmet T. Flood, in which he disclosed that a 2005 White House study had identified 473 separate days in which no electronic messages were stored for one or more component offices.

In the presidential offices, for example, not a single e-mail was archived on Dec. 17, 20 or 21 in 2003 -- the week after the capture of Saddam Hussein. According to the study summary that the committee released, e-mails were not archived for Vice President Cheney's office on four days in early October 2003, coinciding with the start of a Justice Department probe into the leak of a CIA officer's identity, which later led to criminal charges against Cheney's chief of staff.

Checklists

WH may not have e-mails, but someone has copies of the annotated CIA-DOJ-DoD checklists used during the interrogations.

Recollections: Tainted WH Counsel

Who has recollections of the missing emails? Some former WH counsel, not in attendance at interrogations, did comment on the "quality" of the information.

Why are former WH counsel commenting on these "intelligence" operations?

How were WH counsel, apparently not present at the alleged illegal abuse sessions, able to share their reactions to the interrogations unless they had been provided notes via e-mail?

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