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Author Topic: WAPO: White House Pre-emptively Destroyed all E-Mail Archive Systems  (Read 499 times)
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« on: January 22, 2008, 11:14:38 AM »



White House Pre-emptively Destroyed All E-Mail Archive Systems
Clinton Archives Also Destroyed to Save Hillary?




http://www.washingtonpost.com/wp-dyn/content/article/2008/01/21/AR2008012102070_pf.html

By Elizabeth Williamson and Dan Eggen Washington Post Staff Writers Tuesday, January 22, 2008; A03


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. As a result, several years' worth of electronic communication may have been lost, potentially including e-mails documenting administration actions in the run-up to the Iraq war. White House officials said last week that they have "no reason to believe" that any e-mails were deliberately destroyed or are missing. But over the past year, they have acknowledged problems with archiving, saving and finding e-mails dating from early in the administration until at least 2005. The administration's e-mail policies have been repeatedly challenged by lawmakers and open-government groups, in congressional hearings and in court. Two groups, the National Security Archive and Citizens for Responsibility and Ethics in Washington, have accused the White House in lawsuits of violating the Federal Records Act because of what they say is its failure to preserve millions of e-mails, a charge the White House rejects. The White House's record-keeping problems have thrown new attention on a gap in statutory language covering the retention of presidential records.

"If it is a presidential record, then it does need to be retained. It doesn't matter what the format is -- e-mails can be records," said Susan Cooper, a spokeswoman for the National Archives and Records Administration. But the agency has no power to intervene if an administration is not preserving presidential records, inadvertently or not, Cooper said. The law governing nonpresidential federal records is stronger. The National Archives can demand an explanation from any federal agency that it suspects is mishandling records, and it can request a Justice Department probe. Private parties can sue to force compliance with federal records laws, but not the presidential-records statute. 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.

The committee's chairman, Rep. Henry A. Waxman (D-Calif.), has scheduled a Feb. 15 hearing to inquire about the gaps. The current e-mail controversy carries echoes from a scandal that rocked the Clinton administration a decade ago, when GOP-led congressional probes found that hundreds of thousands of White House e-mails had been lost, primarily involving the office of then-Vice President Al Gore. A 2001 audit by the Government Accountability Office said that part of the trouble was due to problems created while maintaining and updating a custom archiving system known as the Automated Records Management System (ARMS). The system was put in place in 1994, after a federal court ruled that the White House must preserve e-mails under the Federal Records Act.

The missing Clinton White House records prompted allegations from Republicans that the administration had sought to hide the archiving problem from congressional investigators and the courts. Republicans also alleged that some of the missing correspondence may have related to the Monica S. Lewinsky investigation, a campaign finance probe of Gore and other controversies. The government eventually spent nearly $12 million to retrieve missing e-mails for congressional investigators from backup tapes. The GAO report concluded that Gore's office "did not implement adequate records management practices to ensure that all e-mail records generated or received were preserved in accordance with applicable law and best practices."

Linda Koontz, the director of information-management issues at the GAO and the author of the 2001 report, called the trouble with ARMS "a human interaction problem . . . from what we saw there was not a problem with the system itself at that point in time." The report noted that some presidential records "may have been irretrievably lost" because White House officials decided to write over, or "recycle," backup tapes -- a practice that the Clinton team discontinued in 1998 and 1999. By the end of Bill Clinton's presidency, White House officials said the problems with ARMS had been solved. But shortly after Bush took office, his administration began taking steps to phase out the system. White House technology officials proposed two different records-management systems as ARMS replacements in 2003 and 2004, but neither was adopted, according to administration documents submitted in court filings. White House spokesman Scott Stanzel would not comment on why ARMS was eliminated.

The system was never replaced, according to court records and officials. Instead, after the White House switched its e-mail software from Lotus Notes to Microsoft Exchange in 2002, the administration chose to rely on the Microsoft software to perform archiving functions, according to a White House affidavit filed in U.S. District Court in Washington last week. In April, White House spokeswoman Dana Perino referenced the e-mail software change in answering a reporter's question about millions of lost e-mails alleged by Citizens for Responsibility and Ethics in Washington and the National Security Archive. "I wouldn't rule out that there were a potential 5 million e-mails lost," she said. "There was no intent to have lost them." The White House appears now to have changed its stance. "We have no reason to believe that any e-mails, at all, are missing," spokesman Tony Fratto said Thursday, before declining to answer further questions Friday.

Parties to the e-mail lawsuits question why the Bush White House chose to get rid of the ARMS system, however flawed, and not replace it with a new archive program. Tom Blanton, who heads the National Security Archive, toured the Executive Office of the President shortly after the ARMS system was installed. When users tried to delete e-mails, an on-screen message asked whether the e-mail was of historic or evidentiary value; if the user indicated it was, it went to a repository for preservation. "But that has disappeared, and as far as I know there's no apparent system," Blanton said. Instead, the White House has looked to a separate system of emergency backup tapes as an archive, he said. But the administration did not begin to preserve those tapes until after October 2003, according to one of its affidavits.

Theresa Payton, chief information officer in the President's Office of Administration, indicated in an affidavit last week that the White House relies on two systems to store electronic messages: an archive that is part of its e-mail software and the backup tapes, which are designed to help restore computer records after a disaster. Backup tapes, several computer experts said, are no substitute for a comprehensive records-management system. "Disaster recovery is not the same thing as records retention," said Eugene Spafford, a professor of computer science and engineering at Purdue University. Spafford said backup tapes do not preserve all the e-mails generated in a day because they record a "snapshot" of a network that includes only the e-mails present at a given moment. The tape does not record those e-mails created and deleted between daily backups, he said, and besides, "You can have inadvertent failures . . . or individuals can purposely destroy contents or edit contents." The GAO's Koontz agreed that backup tapes are "not meant to keep the e-mails that you need to keep in perpetuity or for whatever period in time you're required to keep them." Government offices, she said, are "supposed to put things in a record-keeping system."
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« Reply #1 on: January 22, 2008, 11:18:16 AM »

http://www.citizensforethics.org/files/White%20House%20Office%20Bullet%201.doc

White House Office

National News at the time the White House e-mail went missing
(**** = Dates specified by Waxman in January 17, 2008 letter to Fielding)

Note for all dates below: It is primary season for the 2004 presidential elections.

December 15, 2003:

The New York Times News Summary of the Day:

Saddam Hussein, once the all-powerful leader of Iraq, was arrested without a fight by American soldiers who found him crouching in an eight-foot hole at an isolated farm near Tikrit, haggard, dirty and disoriented. News of the arrest sent joyous Iraqis into the streets.

President Bush hailed the capture as a turning point in the history of Iraq, but warned Americans that the violence against United States forces occupying the nation would continue.

President Pervez Musharraf of Pakistan survived an assassination attempt when a large bomb detonated on a bridge just 30 seconds after his motorcade crossed over. It was the most serious attempt on his life since he sided with the United States in the campaign against terrorism.

December 16, 2003:

Despite Hussein’s capture there are many reports that violence and attacks continue in Iraq.

Howard Dean declared that ''the capture of Saddam Hussein has not made America safer,'' provoking an avalanche of new attacks from rivals who have seized on Sunday's surprise news as a way of redrawing the foreign policy debate in the Democratic presidential campaign.

The Supreme Court announced yesterday that it will intervene in a dispute between Vice President Cheney and two nonprofit organizations seeking information about the internal operations of the controversial White House energy policy task force he headed in 2001.

The New York Times News Summary of the Day:

President Bush said he would leave it to the Iraqi people to determine if Saddam Hussein should be executed, and reaffirmed that his capture was not prompting the White House to contemplate a speedier U.S. exit from Iraq.


****Missing December 17, 2003:

The New York Times News Summary of the Day:

Violence Continues in Iraq After Capture of Hussein. American troops killed at least 17 Iraqis as repercussions of the capture of Saddam Hussein continued to be felt from Washington to Iraq.

France and Germany agreed to work toward a reduction of Iraq's foreign debt, marking a step forward in the American effort to rebuild Iraq and mend ties with the countries opposed to the war.

The case against Mr. Hussein will have a head start thanks to efforts by Iraqi exiles, Kurdish groups and international human rights organizations who have been collecting evidence over the past decade.

Iraq's interim foreign minister, Hoshyar Zebari, told the United Nations Security Council they had failed to help free his country from Mr. Hussein, and he chided its members for bickering over his country's future instead of coming to its immediate assistance. 

Israel developed a risky plan in 1992 to assassinate Mr. Hussein at a funeral but dropped it after five Israeli soldiers were killed while training for the mission, according to Israeli news reports.

December 18, 2003:

The New York Times News Summary of the Day:

Saddam Hussein is now prisoner No. 1 in what has developed into a global detention system. It consists of facilities throughout the world that handle the hundreds arrested by the United States and its allies since the Sept. 11 attacks.

In the wake of Mr. Hussein's capture, waves of elation and calls for revenge have coursed through Iran, where anger still blazes over the war with Iraq in the 1980's.

An explosion killed at least 13 people, and injured 22, after a truck collided with a bus in Baghdad. The Iraqi police initially reported a bomb to be the cause, but the United States military said later that tests showed no traces of explosives.

Vice President Gholam Reza Aghazadeh of Iran said the country will sign an agreement allowing inspections of its nuclear sites.





December 19, 2003:

In a potential setback to the so far fruitless hunt for weapons of mass destruction in Iraq, the head of the U.S. search team, David Kay, told administration officials he is considering leaving the job as early as next month, U.S. officials said.

A federal appeals court has concluded terrorist suspects held in secret U.S. custody on foreign soil deserve access to lawyers and the American legal system:

The New York Times News Summary of the Day:

An ambush in Baghdad left one American soldier dead and a second soldier and an Iraqi interpreter wounded.

A classified Bush administration report found that the largest counterterrorism exercise conducted by the federal government since the Sept. 11 attacks was marred by serious problems.

****Missing: December 20, 2003:

Libya has tried to develop weapons of mass destruction and long-range missiles in the past, but has agreed to dismantle the programs, President Bush and British Prime Minister Tony Blair said Friday in simultaneous televised speeches:

The New York Times News Summary of the Day:

Army officers say the man who led American Special Operations forces to Saddam Hussein's hideaway, a veteran of Mr. Hussein's Special Security Organization, probably knew the former leader's whereabouts at any given moment, but he was not on anyone's list of top fugitives.

L. Paul Bremer III, the highest American official in Iraq, acknowledged that a convoy he was traveling in two weeks ago had been attacked. Neither he nor anyone else in the convoy, traveling in Baghdad, was hurt.

****Missing December 21, 2003:
The New York Times News Summary of the Day:

The United States will proceed cautiously in lifting sanctions in Libya in order to signal North Korea that it must end its nuclear program before any rewards can be given out, Bush administration officials said.
The death of a 22-year-old Ohio man while working on a sewer pipe in a trench 10 feet deep has mobilized his family to seek action. The case indicates flaws in the government's response to deaths on the job.
December 22, 2003:
The New York Times News Summary of the Day:
A lengthy investigation by American and European intelligence agencies and international nuclear inspectors of Abdul Qadeer Khan, the father of the Pakistani atomic bomb, has forced Pakistan to question his aides and to confront publicly evidence that they sold crucial technology to enrich uranium to Iran, North Korea and other nations.

United States military officials warned that fresh intelligence indicates that Iraqi insurgents may be planning a new wave of violence timed to the Christmas holiday, in part to avenge the capture of Saddam Hussein.

Local officials said an oil pumping station near the northern Iraqi oil city of Kirkuk came under mortar attack following a series of attacks on pipelines that were expected to add to the chronic fuel shortages.

American forces will expand deployment in the southern and eastern parts of Afghanistan to increase security so that reconstruction work can begin unmolested by the Taliban and Al Qaeda, the top military commander said.
The Bush administration raised the nation's antiterrorism alert status a notch, indicating a newly heightened concern about the possibility of an attack in coming days. Millions of holiday travelers will be subjected to tighter security measures.

From 1982 to 2002, OSHA investigated 1,242 instances in which workers died because of their employer's ''willful'' safety violations. Yet in 95 percent of those cases, OSHA declined to seek prosecution, an examination of workplace deaths by The New York Times has found.
January 8, 2004:
 
The New York Times News Summary of the Day:

The Bush administration has withdrawn the military team that was scouring Iraq for military equipment. The step was described by some as a sign that the caches of weapons cited as a reason for going to war will not be found.

Insurgents in Iraq fired mortar rounds at an American military camp, wounding 35 soldiers in an area used for living quarters. They were given first aid and evacuated for medical treatment.

President Bush urged Congress to pass his plan to give undocumented workers in the United States temporary legal status. But his proposal drew criticism from some groups involved in the issue for not going far enough to help immigrants and from others for rewarding people who had come into the country illegally.

An international group of 19 scientists has concluded that a warming climate will prompt widespread extinctions this century.

****Missing January 9th 2004:

The New York Times News Summary of the Day:

Secretary of State Colin L. Powell conceded that, despite his assertions to the United Nations last year, he had no ''smoking gun'' proof of a link between the government of Saddam Hussein and Qaeda terrorists.
An American Black Hawk helicopter crashed near Falluja, killing all nine soldiers aboard.
The Bush administration is being forced to take sides in several internal Iraqi disputes and running into friction with groups long friendly to Washington, after insisting for months that Iraqis must determine their future under a kind of passive American supervision.

The American military announced the start of its largest troop movement in decades, with plans to send more than 240,000 troops to Iraq.
****Missing January 10th 2004:
The New York Times News Summary of the Day:
The Supreme Court, significantly expanding its review of the Bush administration's treatment of those it deems ''enemy combatants,'' agreed to hear a challenge by an American of Saudi descent, Yaser Esam Hamdi, to his open-ended confinement in a military brig.
The Defense Department has granted Saddam Hussein prisoner of war status under the Geneva Convention, giving independent observers access to him for the first time since his capture. Information about him has been tightly guarded, although members of the Iraqi Governing council were allowed to confirm his identity.

A suicide bomber blew himself up outside a Shiite mosque in Baquba, Iraq, as Friday Prayers drew to a close, killing 4 other people and wounding 37. Concerns arose among Iraqis that the attack was meant to ignite sectarian fighting, something that so far has been avoided amid other violence in Iraq.
The major political parties of the Iraqi Governing Council and Kurdish leaders agreed that the northern Kurdish region should keep much of its autonomy. The issue has emerged as the most volatile one confronting officials as they try to create a transitional government by July.
****Missing January 11, 2004:
The New York Times News Summary of the Day:
More than 240,000 soldiers and marines are to move into and out of Iraq from now to May. The swapping of forces amounts to the military's largest troop rotation since World War II.
An unofficial American delegation to North Korea was shown bomb fuel at the country's main nuclear site, officials familiar with the visit said. North Korea declared that it had shown them a ''nuclear deterrent.''

American soldiers killed two Iraqi police officers and detained a third man in a gun battle in the volatile northern city of Kirkuk. The soldiers did not realize they were firing on policemen. It was the second time in three weeks that American soldiers have killed Iraqi officers in the area.
January 12, 2004:
The New York Times News Summary of the Day:
President Bush was focused on removing Saddam Hussein from power in Iraq from the start of his administration, more than seven months before the terrorist attacks that he later cited as the trigger for a more aggressive foreign policy, Paul H. O'Neill, Mr. Bush's first Treasury secretary, said in a television interview.
The most influential Shiite cleric in Iraq said members of an interim assembly must be chosen through direct elections, putting at risk plans to transfer sovereignty by July 1. He added that an interim constitution and any plan for American-led forces to remain in Iraq must be approved by elected officials.
The debate over President Bush's No Child Left Behind Law has resulted in a role reversal, with Democrats calling for state and local freedom.
****Missing January 29, 2004:
         
President Bush’s new budget projected that the new prescription drug program and Medicare overhaul was to cost one-third more than previously estimated. The president’s budget also predicted a deficit exceeding $500 billion for this year, congressional aides said Thursday.

The former top U.S. weapons inspector in Iraq on Wednesday blamed intelligence failures for the apparently incorrect conclusion that Saddam Hussein possessed large stockpiles of weapons of mass destruction before the U.S.-led invasion.


January 30, 2004:      

National Security Adviser Condoleezza Rice conceded that Saddam Hussein may never have held stocks of nuclear, chemical or biological weapons, the first time a Bush administration official recognized this reality. The acknowledgment came as the president continued his efforts to convince the American public that the invasion had made the world safer.

Terror Attack in Jerusalem. A Palestinian policeman detonated a bomb packed with shrapnel aboard a bus in Jerusalem, killing himself and 10 others. Al Aksa Martyrs Brigades claimed responsibility for the bombing.
   
****Missing February 1, 2004:

The White House bowed to mounting pressure and agreed to order an independent investigation into why the intelligence on Iraq's weapons of mass destruction appears to have been so flawed.

At least 67 are killed and 247 wounded when two suicide bombers blow themselves up at the offices in Irbil of the two main Kurdish factions in northern Iraq.

****Missing February 2, 2004:

The New York Times News Summary of the Day:

Two suicide bombing attacks killed at least 56 people and wounded at least 200 on the first day of a Muslim holiday in Erbil, Iraq. Celebrants had gathered in the separate headquarters of Iraq's two leading Kurdish political parties. The bombs exploded just 10 minutes apart and used the same method

Dr. A. Q. Khan, the founder of Pakistan's nuclear weapons program, has confessed to sharing nuclear weapons hardware, designs and information with North Korea, Iran and Libya for the last decade, according to an official and journalists who attended a briefing.
      
****Missing February 3, 2004:

The New York Times News Summary of the Day:

The first official Army history of the Iraq war reveals that American forces were plagued by logistics problems, which senior Army officials previously played down.

The company said it would repay the government for overcharges estimated at $16 million for meals for U.S. troops in Kuwait last year, but did not admit to any wrongdoing.

President Bush submitted a $2.4 trillion budget that would substantially increase financing next year for national security but would cut or strictly limit spending on most domestic programs and, on paper at least, put the government on a path of declining deficits.

In offering a plan to cut the federal deficit in half by 2009, Mr. Bush ignored more than $1.5 trillion in tax cuts and spending commitments that come due shortly afterward.

The Bush administration said that the cost of United States military operations in Iraq and Afghanistan had been omitted from the budget request for 2005. But they said the White House would make a separate supplemental request, after this year's elections, seeking up to $50 billion.

February 6, 2004:

The New York Times News Summary of the Day:

George J. Tenet, the director of central intelligence, acknowledged for the first time that American spy agencies may have overestimated Iraq's illicit weapons abilities, in part because of a failure to penetrate the inner workings of the Iraqi government.

Pakistan's president, Gen. Pervez Musharraf, granted a full pardon to Abdul Qadeer Khan, the founder of Pakistan's nuclear weapons program, a day after Dr. Khan appeared on television and confessed to sharing nuclear technology with Iran, North Korea and Libya.

China is putting pressure on the Bush administration to intervene to prevent Taiwan from holding a referendum on relations with the mainland, calling the planned vote a ''dangerous provocation'' that could lead to a confrontation

****Missing February 7, 2004:

The New York Times News Summary of the Day:

A bomb exploded inside a crowded subway train during the morning rush in Moscow, killing at least 39 people and wounding more than 130 in what officials suspect was the latest in a series of terrorist attacks linked to the war in Chechnya. Hundreds of passengers had to stagger through smoke-filled tunnels to reach safety.

An Iraqi military defector now identified as a fabricator provided some of the information that went into intelligence estimates that Iraq had stockpiles of biological weapons.

President Bush created a bipartisan commission to investigate shortcomings in the intelligence used to justify the war in Iraq and to address problems posed by weapons proliferation. He gave the panel until after the elections to submit its conclusions.

Laura Bush is moving into a new role as a prominent surrogate for her husband in the 2004 campaign. She has showed herself to be more complicated and more immersed in White House policy than her public image suggests.

****Missing February 8, 2004:

The New York Times News Summary of the Day:

Defense Secretary Donald H. Rumsfeld offered an impassioned defense of the Iraq war, putting responsibility for it squarely on Saddam Hussein's refusal to abandon his illegal weapons program.

February 9, 2004:

The New York Times News Summary of the Day:

American officials displayed a detailed proposal that they said came from insurgents inside Iraq written to senior leaders of Al Qaeda asking for help in waging a ''sectarian war'' in Iraq in the next months.

The United States completed negotiations for a free trade agreement with Australia, and proponents called it a landmark deal that could increase American manufacturing exports by as much as $2 billion annually.


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