Another development in CREW's lawsuit against the Bush administration over missing White House emails.  This is important:  Key facts are conspicuously missing from the White House declaration filed with the Court.

CREW filed a reply brief in support of its motion to show cause why a number of White House officials should not be held in contempt in CREW v. EOP. CREW has requested that the Court hold the defendants in civil contempt based on their filing a false, misleading and incomplete sworn declaration to answer four questions posed by the Court.  The documents in the case can be found here.

In response, the White House argued in part that it met its obligations simply by the filing of a declaration and that any falsehoods were "wholly irrelevant" to the Court's four questions, aimed at determining whether the preservation order should be broadened.

CREW once again pointed out that the White House's response that the back-up copies are complete and should contain all the missing emails is demonstrably false. CREW also noted its understanding that back-up tapes created prior to October 21, 2003, are not readable and therefore could not be used to find OVP email in response to a subpoena from Special Counsel Patrick Fitzgerald.

These facts are also conspicuously missing from the White House declaration filed with the Court.