Judge to Order Search of White House E-Mail in FBI Files Case
By George Lardner Jr.
Washington Post Staff Writer
Friday , April 28, 2000 ; A05
U.S. District Judge Royce C. Lamberth said yesterday he will
order a search of selected White House e-mail and other computer
records related to the FBI files controversy, and emphasized that
he wants it done quickly.
At a hearing in a four-year-old civil suit brought by Judicial
Watch, Lamberth said the White House had "political incentives"
to prolong the review. He said he would not accept the 170-day
timetable that White House lawyers have laid out for a
reconstruction of hundreds of thousands of missing e-mails never
examined during various investigations of the Clinton
administration.
Although limited to the 1993-94 FBI files dispute, Lamberth's
order will be broader in scope than the White House review now
underway because he said it will cover not only e-mail messages,
but also computer hard drives of former White House staffers. The
White House has said it had no intention of searching the
computers because of the costs involved.
The Justice Department, independent counsel Robert W. Ray and the
House Government Reform Committee are all conducting
investigations of the White House's failure to examine thousands
of e-mails covered by criminal, civil and congressional
subpoenas.
White House lawyers have blamed the oversight on computer
glitches whose scope they failed to recognize when the problem
was brought to their attention in mid-1998.
Yesterday's hearing addressed a lawsuit filed by White House
employees from the Reagan and Bush administrations whose FBI
files were improperly obtained by the Clinton White House in
1993-94.
Justice Department lawyer Elizabeth Shapiro told the court that
the chances of any relevant evidence coming out of the search
Lamberth wants are "extremely remote" because the missing White
House e-mail dates back only to 1996. By then, she said, most of
the officials involved in the FBI dispute had left Clinton's
staff.
Shapiro acknowledged, however, that the hard drives of the
secretaries to former White House counsel Bernard Nussbaum and
former associate counsel William Kennedy III, who were leading
subjects of the FBI files investigations, were never examined.
Judicial Watch chairman Larry Klayman also pointed out that
electronic messages in Vice President Gore's office dating back
to 1994 and perhaps earlier were never properly recorded and thus
never searched.
� 2000 The Washington Post Company
#####
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