Auditor never told of judge's order in White House e-mail case

By GREG TOPPO
The Associated Press
7/14/00 6:28 PM

WASHINGTON (AP) -- An independent auditor hired to review the
retrieval of White House e-mails told a federal judge on Friday
that he was never informed of the judge's order to produce the
messages promptly.

The testimony from Gregory Ekberg came at the end of a lengthy
pretrial hearing in a civil lawsuit against the White House.
Ekberg, of Vistronix, a McLean, Va., information technology
company, said he had never heard of U.S. District Judge Royce
Lamberth's order, filed last April, to produce the e-mails as
soon as possible.

At the time, the White House said it hoped to have a system in
place by June.

Ekberg testified earlier Friday that new and reliable equipment,
approved by the FBI on Thursday, is helping the White House
reassemble thousands of missing and once-thought irretrievable
e-mails sought in a lawsuit against the Clinton administration.
He and another White House computer specialist said a searchable
database of the e-mails could be delivered to the judge in four
weeks to six weeks.

But under direct questioning from Lamberth Friday, Ekberg said he
was never told of any orders to produce the e-mails promptly.

The judge seemed incredulous when Ekberg, whose job is to review
the entire project on an ongoing basis, said the judge's order
had never been discussed. Ekberg said the only deadline he was
given required the e-mails to be copied by the end of 2000 -- and
that came from a subcontractor hired by the White House, he said.

Ekberg's exchange with the judge came after several hours on the
witness stand, during which he said workers struggled with three
computer systems that either failed to copy the e-mails from
master tapes or couldn't produce exact copies, as required in the
case. He said a fourth system, approved Thursday by the FBI, is
now in use.

White House officials earlier this year said thousands of
e-mails, including some from Vice President Al Gore's office,
were not properly archived and were lost because of a computer
glitch.

As a result, the messages were never reviewed by White House
lawyers to determine if they should be turned over to
investigators under subpoena in cases ranging from the Monica
Lewinsky scandal and Whitewater to campaign fund raising.

Lamberth is holding the hearings to determine how to get the
messages to investigators. Testimony was expected to continue on
Monday.

Because of an apparent programming error, incoming e-mail
messages dating back to August 1996 were not searched in response
to subpoenas by the Justice Department and congressional
investigators.

Congress, Independent Counsel Robert Ray and the Justice
Department are investigating whether the e-mail problem was an
innocent mistake, as the White House contends, or part of an
effort to obstruct their investigations into the Lewinsky scandal
and the White House's gathering of the FBI files of past
Republican appointees.

The White House denies any wrongdoing.

House Republicans say the White House has dragged its feet in
solving the problem and threatened technicians who revealed the
glitch.

The lawsuit was filed by the conservative legal group Judicial
Watch. The group's general counsel, Larry Klayman, told Lamberth
that the White House intentionally hired consultants with little
expertise in restoring the data in order to delay the
investigation.

On Thursday, Rep. Dan Burton, R-Ind., urged White House counsel
Beth Nolan and Attorney General Janet Reno to support appointment
of an outside expert to supervise the e-mail effort.

Burton said the House Government Reform Committee, which he
heads, "has no confidence that the White House will satisfy its
obligations to produce information in a timely fashion."  ------
On the Net:  Judicial Watch: http://www.judicialwatch.org

Copyright 2000 Associated Press. All rights reserved.



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