On September 25, 2007 Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the Executive Office of the President, the Office of Administration and the National Archives and Records Administration in the District Court for the District of Columbia. CREW's action challenges as contrary to law those parties' knowing failure to recover, restore, and preserve millions of electronic communications created and/or received within the White House. The lawsuit stems from the millions of e-mails that were improperly deleted from White House servers and exist on back-up tapes, if at all.; FOIA Request: CREW versus EXECUTIVE OFFICE OF THE PRESIDENT ET AL (Lawsuit); Holder of Document: CREW; Producing Agency: Executive Office of the President; Date Received: 4/1/2010;
Original Title
CREW versus EXECUTIVE OFFICE OF THE PRESIDENT ET AL (Lawsuit): 4/1/2010 – OAP00053267
On September 25, 2007 Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the Executive Office of the President, the Office of Administration and the National Archives and Records Administration in the District Court for the District of Columbia. CREW's action challenges as contrary to law those parties' knowing failure to recover, restore, and preserve millions of electronic communications created and/or received within the White House. The lawsuit stems from the millions of e-mails that were improperly deleted from White House servers and exist on back-up tapes, if at all.; FOIA Request: CREW versus EXECUTIVE OFFICE OF THE PRESIDENT ET AL (Lawsuit); Holder of Document: CREW; Producing Agency: Executive Office of the President; Date Received: 4/1/2010;
On September 25, 2007 Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the Executive Office of the President, the Office of Administration and the National Archives and Records Administration in the District Court for the District of Columbia. CREW's action challenges as contrary to law those parties' knowing failure to recover, restore, and preserve millions of electronic communications created and/or received within the White House. The lawsuit stems from the millions of e-mails that were improperly deleted from White House servers and exist on back-up tapes, if at all.; FOIA Request: CREW versus EXECUTIVE OFFICE OF THE PRESIDENT ET AL (Lawsuit); Holder of Document: CREW; Producing Agency: Executive Office of the President; Date Received: 4/1/2010;
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February 22, 2008
‘The Honorable Allen Weinstein
Archivist of the United States
National Archives and Records Administration
700 Pennsyivania Avenue, NW
‘Washington, DC 20408
‘Dear Dr. Weinstein:
1 am writing regarding the subpoena issued by the Committee on February 19, 2008,
requiring the Archives to produce documents relating to the Bush Administration's transition
planning, the potential loss of White House e-mails, and White House systems for archiving and
retrieving e-mail.
‘You produced a set of documents responsive to the subpoena on February 21, 2008. You
also made available other responsive documents for review by Committee staff on February 21
and 22, 2008. As a result of this review process, I have determined that some of the documents
‘made available for review are not necessary to the Committee's inquiry and need not be
produced at this time, Others are directly relevant, however, and should be produced
immediately to the Committee. These documents are:
1 ‘September 10, 2004, e-mail from Sam Watkins to Gary Stern, Jason Baron, et. al.,
regarding a call with Office of Administration Counsel and CIO staff regarding email
archival systems;
2. February 2, 2007, memorandum from Robert Spangler to Sam Watkins regarding EOP
email issues;
3. Undated slide show on “EOP Email Transfer Issues” prepared by Robert Spangler which
includes, “Implications/Assumptions of 5/21/2007 meeting;
4, May 23, 2007, e-mail from Gary Stern to Allen Weinstein with notes from a May 21,
2007, meeting with the White House;
GEORGE W. BUSH PRESIDENTIAL RECORD
OAP00053267Dr. Allen Weinstein
February 22, 2008
Page 2
5. June 20, 2007, e-mail from Gary Stern to Allen Weinstein forwarding a June 20, 2007, e-
mail from Gary Stern to Emmet Flood and Chris Oprison;
6. June 29, 2007, e-mail from Gary Stern to Jason Baron summarizing meeting with Office
of Administration General Counsel;
7. September 5, 2007, memorandum from Gary Stern to Allen Weinstein on the subject of
the presidential transition;
8. NARA record of a meeting with EOP personnel on October 11, 2007;
9. October 15, 2007, e-mail from Gary Stem to Donna Gold and Allen Weinstein regarding,
“What NARA Needs from White House on Transition;”
10. November 6, 2007, e-mail from Sam Watkins to Theresa Payton regarding an October
31, 2007, meeting and other matters; and
11. Undated document tith
“Chronology of White House Meetings.”
understand that at least some of these documents contain redactions of discussions with
White House officials. These redactions should be removed when the documents are delivered
to the Committee. Altematively, you may contact Committee staff to arrange a staff review of
the redacted passages to allow the Committee to assess whether their production is required.
In addition, T understand that you have withheld a number of e-mails and other
documents reflecting internal NARA communications regarding White House transition and e-
‘mail preservation issues. I request that you produce these documents along with the other
documents requested in this letter.
Because the hearing is scheduled for Tuesday, February 26, 2007, these documents
should be produced by 5:00 p.m. on February 23. Please contact John Williams or Anna Laitin
with the Committee staff at (202) 225-5420 to arrange the logistics of this production.
Sincerely,
Hey. Wagrran
Henry A. Waxman
Chairman
cc: Tom Davis
Ranking Minority Member
GEORGE W. BUSH PRESIDENTIAL RECORD
OAP00053268