Court: White House Doesn’t Have To Release Documents Relating to Missing Emails

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Even though the White House Office of Administration (OA) has complied with Freedom of Information Act (FOIA) requests for decades, a court yesterday supported the Bush administration’s claim that the OA is not a federal agency and therefore not subject to the FOIA. The Bush administration made the claim last August. The court dismissed a case brought by Citizens for Responsibility and Ethics in Washington (CREW), which was using the FOIA to seek documents from the OA about missing White House emails. The decision means the OA will not have to release its documents to CREW, which had hoped to use them in a separate lawsuit that aims to force the recovery and preservation of any missing emails.

While the ruling is a setback for CREW and the National Security Archive (NSA), its co-plaintiff in the White House emails lawsuit, the battle is far from over. CREW plans to appeal this decision. In the meantime, the main lawsuit, which focuses on the recovery and preservation of the emails, will carry on without the OA documents. CREW and the NSA already have access to some information about the OA’s email failures because House government oversight committee chairman Henry Waxman (D-Calif) obtained and released some of that information earlier this year. Recent developments in the main lawsuit have favored the plaintiffs, with a magistrate judge issuing recommendations that the White House didn’t like, including one that suggested the White House be ordered to secure portable devices, like BlackBerrys, that could contain versions of some of the missing emails. The judge in that case could still force the OA to take measures to recover and preserve missing emails. But each day that goes by until then will make any deleted emails present in “slack space” on hard drives harder to recover, and get the Bush White House one day closer to running out the clock.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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