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Nearly two years after Citizens for Responsibility and Ethics in
Washington (CREW) sued the Bush White House for both its refusal to
restore the millions of missing White House emails and its failure to
put in place an effective electronic record keeping system, the White
House has finally released documents that support CREW's allegations.
The documents, released after negotiations with the current
administration, represent only a small percentage of the promised
records, and appear to be part of a set of documents already provided
to the House Oversight and Government Reform Committee in 2007 and 2008.
Nearly two years after Citizens for Responsibility and Ethics in
Washington (CREW) sued the Bush White House for both its refusal to
restore the millions of missing White House emails and its failure to
put in place an effective electronic record keeping system, the White
House has finally released documents that support CREW's allegations.
The documents, released after negotiations with the current
administration, represent only a small percentage of the promised
records, and appear to be part of a set of documents already provided
to the House Oversight and Government Reform Committee in 2007 and 2008.
These documents confirm Bush White House officials knew they were
failing to properly archive records and made several attempts to
develop an email archiving system. Although some officials described
the development of such a system as a "number 1 priority," the efforts
were either unsuccessful or abandoned for unexplained reasons. The
documents make clear some administration officials were aware of the
problem as early as February 2004, when the White House was attempting
to respond to an unidentified grand jury subpoena from the Justice
Department.
The documents confirm that in October 2005, the White House
discovered millions of emails had disappeared. The documents also show
that emails Special Counsel Patrick Fitzgerald had subpoenaed in
connection with the Valerie Plame Wilson leak investigation were
missing from Vice President Cheney's office.
In providing these documents to CREW and the National Security
Archive (which brought a separate lawsuit now consolidated with
CREW's), the Obama administration marked some of the documents
"sensitive," and therefore not subject to public disclosure, and
redacted the identities and contact information of virtually all
individuals named in the documents.
Many questions remain and the White House has promised to release
more documents shortly. For example, there are approximately 38 boxes
of documents the administration plans to review for disclosure. These
boxes contain records related to the White House's discovery of the
missing email problem as well as proposals to address the issue and
implement effective electronic recordkeeping. CREW is also awaiting
documents regarding the limited effort to restore some of the missing
emails that was begun by the Bush White House and is continuing. CREW
anticipates these additional documents will fill in more of the blanks
and will inform the public whether the White House is finally on the
right track with its electronic record keeping practices.
The documents released so far address the following key subjects:
* The Bush Administration's repeated attempts to develop a system to
archive Microsoft Outlook emails. In 2002, the White House began
converting from Lotus Notes to Microsoft Outlook/Exchange for its
email, and needed a system to preserve the Microsoft-based email. The
documents include proposals and a "statement of work" for a pilot
project to make the emails compatible with the Automatic Records
Management System (ARMS), the system used since 1994 to preserve White
House emails. OAP00000011, OAP00000025, OAP00000040, OAP00000056. But, as other records confirm, this system was never fully built. OAP00000083, OAP00000399.
* The Electronic Communication Records Management System (ECRMS), a
plan to develop a longer-term solution for email. The contracts include
one for Booz Allen Hamilton, which was selected to build the system. OAP00000386.
For unexplained reasons, the Department of the Interior's Mineral
Management Service issued the contract documents and received all
invoices, even though the system was to be delivered to the White
House's Office of Administration (OA). OAP00000386.
One May 2006 email discusses plans to put ECRMS into production,
stating ECRMS was OA's "number 1 priority," and "the most important
system that we have implemented in a long time, we need to get it
right." OAP00000719. Yet the Bush White House never implemented this plan as well.
* The Bush Administration was aware of problems with email
preservation at least as early as February 2004. The documents include
a "post-mortem" analysis by Microsoft of problems with searching for
emails in response to a January 2004 grand jury subpoena that stated
"there is no current mechanism to transfer Exchange email into ARMS,"
and the plan for doing so "is not yet a stable and consistent solution"
that "fails to consistently" move data into ARMS. OAP00000083
.
* The White House's discovery that millions of emails were missing
from its electronic files, and its attempt to address the problem,
comprise the bulk of the documents. They confirm the White House's
discovery of an investigation into the missing emails in October 2005.
Several documents from that period reflect a tabulation of White House
email files, called PST files. Those documents indicate there were a
total of 5,397 PST files, but 20 files were "missing" and 19 more were
"empty." OAP00000500.
The White House was unable to determine which White House component
(i.e., the Office of the Vice President, the Office and Management and
Budget, and the Council on Environmental Quality) was associated with
more than 1,000 files. OAP00000486, OAP00000500.
Others emails indicate PST files from August 10 through October 4, 2005
for separate White House components had been combined into a single
file due to an "inadvertent" change. OAP00000167.
Perhaps as a result of these problems White House appears to have
temporarily stopped creating PST files for at least a week. OAP00000379.
* The Office of the Vice President (OVP) had particular problems
with missing emails. Several of the documents discuss copying and
conducting a manual review of more than 200 PST files from OVP. OAP00000377, OAP00000741, OAP00000790, OAP00001411, OAP00001415.
This review may have led to the creation of a spreadsheet compiling
information about the OVP PST files, which showed gaps in the dates of
preserved messages preserved. OAP00000778.
One of those gaps was from at least October 1-3, 2003, a period for
which Special Counsel Patrick Fitzgerald sought email during his
investigation of the leaks that led the disclosure of Valerie Plame's
identity. OAP00000377.
* The documents show that during this period, the White House
initiated a "component by component analysis" to find the missing
emails. OAP00001387.
This apparently resulted in a series of scans that output the total
number of messages in each PST file, and the number of emails from each
date. OAP00000803, OAP00000842, OAP00001096, OAP00000903, OAP00000999, OAP00001158, OAP00001173, OAP00001176, OAP00001179, OAP00001182, OAP00001192, OAP00001229, OAP00001314, OAP00001350.
One email states every source file was covered, except for 30 OVP files
(it is not clear why), with 19 files that had no message count. OAP00001407.
In February 2006, the White House completed an analysis of all the
missing emails, and concluded there were 473 days on which there were
no messages preserved, and 229 days on which the number preserved was
suspiciously low. A chart of this analysis was released by House
Oversight and Government Reform Committee in February 2008. https://oversight.house.gov/documents/20080227155329.pdf. It is not clear if the documents provided by the White House to CREW and NSA were used in the creation of this chart.
* Some of the problems with the email preservation system were
summarized in a November 14, 2005 memorandum from Steven McDevitt,
Director of the Architecture and Engineering Directorate, to John
Straub, Acting Chief Information Officer. OAP00000399.
(An unredacted copy of this memo was published by the House Oversight
and Government Affairs Committee, but the one provided by the White
House blacks out the names of Mr. McDevitt and Mr. Straub in most
places.) The memo states the "current email archive process depends on
manual operations and monitoring, standard operating procedures do not
exist, automated tools that support the email archive process are not
robust, and there is no dedicated archive storage location. As a result
the current process and lack of storage management limitations result
in potential loss of emails. Lost or misplaced email archives in turn
result in an inability to meet statutory requirements."
* Mr. McDevitt was attempting to obtain approval for a new standard
operating procedure for archiving Microsoft Outlook/Exchange email, and
implementation of ECRMS as a long-term solution.
* The increased scrutiny may have led to the discovery of other
problems. For instance, one email discusses "unauthorized actions" that
were still taking place, OAP00000374,
and another asks for an "emergency change" to allow a program to be run
daily that collected attributes of files so that PSTs can be monitored
and tracked better, OAP00001413.
* A few documents from January and February 2006 appear to relate to
the recovery of some OVP PST files that needed to be searched. One
email instructs the recipient to being the three phase project for
restoring OVP email from 14 or 15 days in December 2003 and
January-February 2004. OAP00001392.
* In June 2007, the White House issued a "Request for Quote" to
install, configure, and test a new pilot electronic records management
system using a product made by EMC. EOP0000127.
The proposed contract calls for an "aggressive" six-week time frame for
the project, which would not include rolling out the system for all
1,800 users. CREW understands this system was not implemented during
the last administration. In addition, an undated "limited source
justification" appears to contemplate awarding a sole source contract
to EMC to acquire software and to configure, implement, and install an
"enterprise wide Records Management (RM) system." EOP0000156.
* Other documents provide a limited amount of information about the
present system. One, titled "EMC Messaging - Messaging Current Product
Compatibility Guide," describes certain email preservation products and
their compatibility with other software. EOP0000227.
Another is a "Request for Information" to obtain information about the
deployment of "an operational and improved electronic Records
Management (eRM) for email-records program for The Executive Office of
the President." EOP0000285.
Citizens for Responsibility and Ethics in Washington (CREW) is a nonprofit 501(c)(3) organization dedicated to promoting ethics and accountability in government and public life by targeting government officials -- regardless of party affiliation -- who sacrifice the common good to special interests. CREW advances its mission using a combination of research, litigation and media outreach.
One critic called the transfer of 1.4 million acres a "massive giveaway to out-of-state corporations that don't want to be burdened by the federal protections that safeguard our lands, waters, wildlife, and communities."
Defenders of the planet took aim at President Donald Trump's administration on Wednesday for transferring approximately 1.4 million acres of public lands along the Dalton Utility Corridor from the US Bureau of Land Management to the state of Alaska.
"This corridor encompasses some of Alaska’s most critical transportation and energy assets, including portions of the Trans-Alaska Pipeline System corridor, the Dalton Highway, and proposed routes for the Ambler Road and Alaska Liquefied Natural Gas (LNG) projects," the US Department of the Interior noted in a statement, framing the move as part of DOI's commitment to the Alaska Statehood Act, as well as orders issued by Trump and the agency's secretary, Doug Burgum.
As Burgum and Republican Alaska Gov. Mike Dunleavy cheered the development on Wednesday, Andrea Feniger, director of the state's Sierra Club chapter, declared that "this is less a transfer to Alaskans than a massive giveaway to out-of-state corporations that don't want to be burdened by the federal protections that safeguard our lands, waters, wildlife, and communities."
"Gov. Dunleavy has repeatedly shown he is more interested in helping the Trump administration and fossil fuel executives exploit Alaska than standing up for the people who actually live here," Feniger said. "These companies will not be satisfied until every corner of our state is opened to industrial development and short-term profit, regardless of the permanent damage done to the wild places, subsistence traditions, and communities that make Alaska unique. Alaskans deserve leaders who will protect these lands for future generations, not politicians willing to hand them over to corporate polluters."
Bloomberg reported that "Alaska's acquisition along the highway north of Fairbanks is part of 2.1 million acres" that Burgum offered earlier this year, after revoking a pair of decades-old orders. In March, a coalition of environmental groups, including Trustees for Alaska, filed a federal lawsuit over the secretary "unlawfully removing federal protections."
While Alaska filed a motion to dismiss the case on Wednesday, Bridget Psarianos, senior staff attorney at Trustees for Alaska, told Bloomberg that the land transfer is illegal. She also said that "the interior secretary broke the law when removing federal protections for over 2 million acres of public lands in February without hearings in local communities, without a public comment period, and without addressing that decision's impacts on land, water, and subsistence users."
Other groups supporting that suit include the Alaska Wilderness League, Center for Biological Diversity, National Parks Conservation Association, and Sierra Club, whose director of conservation, Dan Ritzman, condemned Wednesday's transfer.
"This action will only help corporate polluters transform Alaska into an industrial wasteland—destroying irreplaceable landscapes for the sake of expanding the portfolios of mining and oil and gas companies that will never have to live with the consequences of this destruction," Ritzman stressed. "This decision completely ignores the wishes of local communities and tribes that depend upon these untouched areas for their livelihoods, cultures, and regional identities."
"Alaska is home to some of the country's last true wild places, and projects like Alaska LNG and the Ambler Road threaten irreversible damage to these precious landscapes, the wildlife that depend on them, and the communities that have stewarded them for generations," he added. "These lands belong to all Americans, not corporate special interests looking to exploit them for short-term profit. We are fighting this in court and will continue opposing any other attempts to sacrifice Alaska's public lands for the benefit of polluters and extractive industries."
Rebecca Noblin, an Alaska senior attorney at the Center for Biological Diversity, similarly told E&E News that "handing this incredible stretch of federal public lands over to the state puts the communities, fish, and wildlife who live there in danger."
"Alaska officials envision bulldozing the area for a private industrial mining road and the LNG pipeline boondoggle," Noblin said. "We're fighting this transfer of our federal public lands in court, and we'll keep standing up for Alaska's wild places."
Climate and conservation groups have also recently sounded the alarm about Interior's forthcoming fossil fuel lease sale for the Arctic National Wildlife Refuge's Coastal Plain, and warned—in the words of Kristen Monsell, the oceans legal director at the Center for Biological Diversity—that that Trump's "ridiculously reckless" plan to dramatically expand offshore drilling, including near Alaska, "could cause thousands of new oil spills, threatening almost every US coast."
"You are deliberately trying to silence the voices of a community," said one Democratic Tennessee state senator. "You cannot call it anything but racism.”
Voting rights defenders in Tennessee on Wednesday condemned a racially rigged congressional map proposed by Republican state lawmakers in the wake of last week's US Supreme Court decision limiting challenges to discriminatory redistricting.
Tennessee Republicans unveiled a US House map that breaks Memphis—one of the nation's largest majority-Black cities—into three districts in a bid to make it likely for GOP candidates to flip the 9th Congressional District, which has been represented by Democrats for half a century.
"These maps have just been released that look like some coloring book from the Republican Party, without any clarity at a precinct level, of where these new districts are gonna be," state Rep. Justin Pearson (D-86) said Wednesday. Pearson—who is running to unseat incumbent Democratic Congressman Steve Cohen in the 9th District—drew national attention in 2023 when Republican legislators expelled him and Rep. Justin Jones (D-52) following their protest for tighter gun laws after the deadly Covenant School shooting in Nashville.
Tennessee Republicans just unveiled their post-VRA congressional gerrymander.It would eliminate the one majority-Black and solidly Democratic district by splitting Memphis 3 ways to install a 9-0 Republican majority.It also splits Nashville several ways to protect scandal-tarred Rep. Andy Ogles
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— Stephen Wolf (@stephenwolf.bsky.social) May 6, 2026 at 8:34 AM
"This whole process has been a sham," Pearson added. "It's been done in secrecy, behind closed doors, with backroom deals. This is just wrong. And everyone knows why this is happening. This is an attack on our Black majority district, this is an attack on our democracy."
US House Minority Leader Hakeem Jeffries (D-NY) weighed in Wednesday on the proposed gerrymander, writing on X, "MAGA Republicans are taking a blowtorch to Black representation in the American South."
Jeffries said that President Donald Trump "and Supreme Court extremists are responsible for this carnage," vowing to "crush them at the ballot box in November" during midterm elections.
John Bisognano, president of the National Democratic Redistricting Committee (NDRC), said in a statement, “This proposal takes an already egregious gerrymander to an even greater extreme by carving up Memphis into three districts, connecting it to rural areas hundreds of miles away, stretching as far as middle Tennessee—communities with needs far different from those of Memphians."
Bisognano added that the GOP proposal "robs Black voters of the ability to elect a congressional candidate of their choice—reversing a right that Black Memphians fought for with blood, sweat, and tears."
Democratic state lawmakers, civil rights leaders, and concerned citizens rallied outside the Tennessee State Capitol in Nashville Tuesday to protest the proposal as a two-day special legislative session on the issue began.
HAPPENING NOW… marching on the Capitol…. #NewJimCrow @GovBillLee
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— The Tennessee Holler (@thetnholler.bsky.social) May 5, 2026 at 12:33 PM
Republican Tennessee Gov. Bill Lee called the special session just two days after the US Supreme Court's Louisiana v. Callais decision ordering the state to redraw its 2024 congressional map, which created a second majority-Black district to mitigate persistent barriers to equal representation.
Lee's move came a day after a phone call from Trump, who has urged him and other Republican governors to follow the lead of Texas, the first salvo fired in a redistricting war prompted by Republican fears of a midterm loss of one or both houses of Congress. Democrat-controlled California followed Texas' move, with other blue states including Virginia, Maryland, and Washington in various stages of enacting or considering redraws.
Republican Louisiana Gov. Jeff Landry subsequently suspended his state’s scheduled May 16 US House primary election, a move that drew rebuke from liberal Supreme Court Justice Ketanji Brown Jackson and legal challenges from Louisianans who already cast ballots in the contest.
The Louisiana v. Callais decision, which the court's 6-3 right-wing majority framed as limiting the role of race in redistricting, is now being used to defend maps where race still plays a decisive role, not only in Tennessee but also in other states that are moving to redraw their congressional maps to dilute Black voting power. Republican Florida Gov. Ron DeSantis last week signed a rigged congressional map into law.
“The ink was barely dry on the Supreme Court’s disastrous decision to gut the Voting Rights Act before Tennessee Republicans rushed to be the first to shamelessly capitalize on it by proposing a gerrymander that systematically targets Black voters in Memphis... and ensures all of the state’s congressional districts are majority-white," Bisognano said.
Bold, blatant f*cking racism. They're gleeful about it.
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— catnan.bsky.social (@catnan.bsky.social) May 5, 2026 at 7:58 PM
Tennessee House Speaker Cameron Sexton (R-25) said in a statement that “the Supreme Court has opined that redistricting, like the judicial system, should be colorblind—the decision indicated states like Tennessee can redistrict based on partisan politics."
“Tennessee’s redistricting will reduce the risk of future legal challenges while promoting sound and strategic conservatism," Sexton added.
Black Memphians weren't having it. Protesters interrupted the second day of hearings Wednesday as a House committee discussed the proposal, chanting, "Memphis is Black, there's no denying that!" and "Hands off our vote!"
“Memphis is Black! There’s no denying that!”House committee disrupted after Speaker sexton presents the racist Republican maps and claims race has nothing to do with how they carved up the city to dilute black representation with white power 🤔(From @gabbysalinas)
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— The Tennessee Holler (@thetnholler.bsky.social) May 6, 2026 at 3:06 PM
"Voters pick our leaders, not the other way around,” Memphis resident Amber Sherman told WREG. "Slicing up Memphis’ congressional districts across a state map will make it impossible for us to get fair representation in Congress because we know that adding a chunk of rural voters to urban cities will never give us fair representation.”
Nashville students confronted Sen. Joey Hensley (R-28) inside the Capitol on Wednesday about how the proposal will disenfranchise voters affected by the redistricting. Hensley's attempt to gaslight the students was caught on camera by The Tennessee Holler, which has provided extensive coverage of the gerrymandering effort.
HENSLEY: “Their vote will still count the same.”STUDENTS: “Then why not leave it the way it was before?”🤔🔥Sen. Joey Hensley (R-Hohenwald) tries to gaslight NASHVILLE students about the Republican push to strip representation from MEMPHIS… and gets immediately owned.
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— The Tennessee Holler (@thetnholler.bsky.social) May 6, 2026 at 7:09 AM
During Tuesday's session, numerous Democratic lawmakers objected to the proposal, with some invoking the deadly struggle of the Civil Rights era.
"I never thought in my lifetime as the youngest African American to ever serve in this body, in the history of this state, that I’d be standing in a body surrounded by my colleagues who are going to erase the vote of my city and Black people in Memphis,” state Sen. London Lamar (D-33) said, according to Democracy Docket.
“This will be one of the most racist actions taken in the modern history of this Legislature that you are participating in this week," she continued. "Intentionally breaking state law to take my community’s vote is downright disgusting and offensive.”
“This is an opportunity for you to have some courage, show some courage. Y’all know this is wrong,” Lamar added. “You don’t have to do it.”
State Sen. Raumesh Akbari (D-29) said: “There’s no way to sugarcoat eliminating a district that is 61% Black and breaking it up into three different districts. You are deliberately trying to silence the voices of a community. You cannot call it anything but racism.”
“History will not look back kindly on you when you had an opportunity to do what was right and you chose to do something else,” she added.
MEMPHIS SENATOR @raumeshakbari : “This is an act of hate. You cannot call it anything but racism. You cannot sugarcoat this.”Tennessee Republicans are diluting Black representation with white power, stripping their seat in Congress. #JimCrow @GovBillLee @MarshaBlackburn
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— The Tennessee Holler (@thetnholler.bsky.social) May 5, 2026 at 4:31 PM
As Democracy Docket reported: "The debate repeatedly returned to personal history. Black lawmakers invoked ancestors who had fought in wars, lived through segregation, and struggled for the right to vote, placing the proposed map squarely in the lineage of those battles."
The fight for civil rights in Memphis spans centuries, from the Reconstruction-era Memphis Massacre to the Ida B. Wells-led anti-lynching campaign to the assassination of Martin Luther King, Jr. to ongoing struggles over police violence, inequality, and economic justice.
Martin Luther King III warned in a letter to legislative leaders that the redistricting would "dismantle the only congressional district that provides Black voters in Memphis a fair opportunity to have a voice in our democracy."
“Do not take this nation back to the days of Jim Crow," he implored, adding that the “resulting disenfranchisement of Black voters would run contrary to everything that my father, Dr. Martin Luther King Jr. fought for.”
Bisognano vowed to fight the GOP rigging attempt, saying that "Republicans are doing this because they think they can get away with it without consequence."
"But they are wrong," he added. "Tennesseans from across the state are already rising up against this un-American attempt to deny Black voters their voice at the ballot box, and, if enacted, this map will be challenged in court.”
One press freedom advocate said the reported FBI investigation "would be outrageous even if The Atlantic reported classified information, which it didn’t."
The Federal Bureau of Investigation on Wednesday denied that it launched a reported probe into The Atlantic, which recently published a damning account of FBI Director Kash Patel’s alleged drunkenness, though magazine leadership and press freedom advocates remain alarmed.
As reported by MS NOW on Wednesday, the FBI is conducting a criminal leak investigation into The Atlantic's Sarah Fitzpatrick, whose reporting on Patel cited two dozen anonymous sources to document concerns about the FBI director's behavior.
MS NOW noted that the investigation into Fitzpatrick's reporting is "highly unusual because it did not stem from a disclosure of classified information" on the part of government insiders.
One source told MS NOW that the FBI agents assigned to the case have expressed serious reservations about its scope and purpose.
"They know they are not supposed to do this," the source said. "But if they don’t go forward, they could lose their jobs. You’re damned if you do and damned if you don't."
FBI spokesperson Ben Williamson denied to MS NOW that the agency had launched an investigation into Fitzpatrick, saying that "every time there’s a publication of false claims by anonymous sources that gets called out, the media plays the victim via investigations that do not exist."
Jeffrey Goldberg, editor-in-chief of The Atlantic, said the magazine was working to learn more about the alleged investigation, but "if true, this would be an outrageous, illegal, and dangerous attack on the free press and the First Amendment."
"We will defend Sarah and all of our reporters who are subjected to government harassment simply for pursuing the truth," Goldberg added.
Seth Stern, chief of advocacy at the Freedom of the Press Foundation, also condemned the reported investigation, which he said "would be outrageous even if The Atlantic reported classified information, which it didn’t."
"The FBI is reportedly conducting an invasive leak investigation merely to settle a personal vendetta," added Stern. "Separately, it doesn’t make much sense for Patel’s FBI to investigate leaks from what Patel’s lawsuit over the same reporting called ‘sham sources.’ Fake sources can’t leak."
Patel last month filed a $250 million defamation suit against The Atlantic for its report on his behavior, which the magazine said included "episodes of excessive drinking and unexplained absences."
The Atlantic vowed to fight the lawsuit, saying it stood by its reporting while describing Patel's complaint as "meritless."