A U.S. District Court judge ruled Monday that the National Security Archive can move to force the White House to recover millions of Bush administration e-mails lost or destroyed between 2003 and 2005.
Judge Henry H. Kennedy, a Clinton appointee, rejected the Bush administration's claim that federal courts lacked the authority to require the White House to recover the e-mails. Kennedy ruled that the Federal Records Act permits a private plaintiff to file a complaint requiring the head of the EOP or the Archivist of the United States to notify Congress or ask the Attorney General to initiate action to recover destroyed or missing e-mail records.