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Persuasive Summaries: People v. Charles Porter, Case No. 08CR2351: 3/12/09

Posted by Judge Christina Habas | 2nd Judicial District Court Judge, Denver, Colorado

March 24, 2009

On January 14th, U.S. District Judge Henry H. Kennedy issued an emergency order requiring the White House to search staff workstations, personal storage table files, and to turn over any media devices such as CDs, DVDs, memory sticks, or external hard drives that may have e-mails from the period from March 2003 to October 2005. The order was in connection with a lawsuit filed in September 2007 by the National Security Archive to compel the White House to preserve its e-mails. The Archive was concerned that the Bush e-mails will be lost when the Obama Administration takes over. The order was issued in response to a hearing at which the White House admitted that it had done little to nothing to recover e-mail files from computer workstations and external media devices. But the White House lawyers also stated at the hearing that they located about fourteen million missing e-mails and that a major restoration project was underway to recover missing e-mail from backup tapes. On January 15th, Magistrate Judge John Facciola, who is overseeing the White House e-mail litigation, enforced Judge Kennedy’s emergency order. The Archive press release, with links to the orders may be found at http://www.gwu.edu/~nsarchiv/news/20090115/index.htm