JUDGE IN CREW v. EOP RULES THAT WHITE HOUSE MUST CONTINUE TO COLLECT AND PRESERVE EMAILS

29 Jul 2008 // On July 29, 2008, in a case concerning the millions of missing White House emails, Magistrate Judge John Facciola ruled that the White House must continue to collect and preserve all emails sent or received between March 2003 and October 2005. Although Judge Facciola at one time considered ordering forensic imaging of all White House computers, weighing the potential cost of this process -- up to $545,000 and 1,635 hours – against the likelihood of recovering relevant data, the court could not justify ordering such imaging, but reserved a ruling as to whether it might be appropriate at a later stage. Judge Facciola also denied requests for expedited discovery filed by CREW and the National Security Archives, finding that some of the material sought has now been released by the House Committee on Oversight and Government Reform. Finally, Judge Facciola denied CREW’s motions for contempt and for sanctions stemming from false and misleading statements made to the court in a declaration by OA official Theresa Payton, finding that attorneys’ fees and costs are not available in suits against the government.