Bush's lost e-mails

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A federal magistrate judge on Thursday chastised the Bush administration for failing to fully answer questions related to a long-running dispute over missing White House emails. The White House is facing lawsuits from two public interest groups, Citizens for Responsibilty and Ethics in Washington and the National Security Archive at George Washington University, demanding that the White House restore the missing e-mails and put in place systems to prevent further e-mail losses. Administration officials were ordered to provide detailed information about the burdens involved in taking immediate actions to preserve copies of hard drive, tapes, and other media that may contain copies of the missing e-mails.

The Bush White House "upgrades" the e-mail system

When the Bush administration took office, it decided to replace the Lotus Notes-based e-mail system used under the Clinton Administration with Microsoft Outlook and Exchange. The transition broke compatibility with the old archiving system, and the White House IT shop did not immediately have a new one to put in its place.

Instead, the White House has instituted a comically primitive system called "journaling," in which (to quote from a recent Congressional report) "a White House staffer or contractor would collect from a 'journal' e-mail folder in the Microsoft Exchange system copies of e-mails sent and received by White House employees." These would be manually named and saved as ".pst" files on White House servers.

One of the more vocal critics of the White House's e-mail-retention policies is Steven McDevitt, who was a senior official in the White House IT shop from September 2002 until he left in disgust in October 2006. He points out what would be obvious to anyone with IT experience: the system wasn't especially reliable or tamper-proof.

In detailed testimony to the House Committee on Oversight and Government Reform, he detailed the "journaling" system's flaws. Because the archiving process was conducted manually and in an ad hoc fashion, human error could easily lead to the inadvertent omission of e-mails that are required to be preserved under federal law. Files were "scattered across various servers" on the network of the Executive Office of the President, and there "was no consistently applied naming convention" for the files. It's hardly surprising that things tended to get lost.

Even more troubling, due to a lack of redundancy and proper access controls, anyone with access to the White House servers could have tampered with or deleted the e-mails in the archives. And without adequate logging facilities, there might be no way to determine who might have tampered with the files or what might have been changed.

How is that an "upgrade"?


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Judge orders White House to produce wiretap memos

WASHINGTON – A judge has ordered the Justice Department to produce White House memos that provide the legal basis for the Bush administration’s post-Sept. 11 warrantless wiretapping program.

U.S. District Judge Henry Kennedy Jr. signed an order Friday requiring the department to produce the memos by the White House legal counsel’s office by Nov. 17. He said he will review the memos in private to determine if any information can be released publicly without violating attorney-client privilege or jeopardizing national security.

Kennedy issued his order in response to lawsuits by civil liberties groups in 2005 after news reports disclosed the wiretapping.

The department had argued that the memos were protected attorney-client communications and contain classified information.

But Kennedy said that the attorney-client argument was “too vague” and that he would have to look at the documents himself to determine if that argument is valid and also to see if there is information that can be released without endangering national security.

Shortly after the Sept. 11 attacks, Bush authorized the National Security Agency to spy on calls between people in the U.S. and suspected terrorists abroad without obtaining court warrants. The administration said it needed to act more quickly than the court could and that the president had inherent authority under the Constitution to order warrantless domestic spying.

After the program was challenged in court, Bush last year put it under the supervision of the Foreign Intelligence Surveillance Court, established in 1978 after the domestic spying scandals of the 1970s.