Regular MotherJones.com readers may recall that last spring, the White House reported that it may have lost some 5 million emails. Later last year, two non-profits, the National Security Archive (NSA) and Citizens for Responsibility and Ethics in Washington (CREW), sued to ensure the preservation of the emails. (That suit is still pending, and you can read about the whole story on our missing White House emails index page).
During the course of the legal proceedings, CREW filed Freedom of Information Act requests for documents prepared by the White House Office of Administration (OA) that analyzed the scale of the missing email problem. But the White House denied the FOIA requests, making the unique and unprecedented legal argument that the OA is not, in fact, a federal agency and therefore not subject to the FOIA. CREW sued, citing OA's previous treatment as an agency and history of responding to FOIA requests as obvious evidence that the White House argument was ridiculous. That brings us to today, when a DC district court ordered (PDF) limited discovery in order to find out whether OA is, in fact, a federal agency.
You read that right: CREW had to get a court order to gather information to prove that a government agency is, in fact, a government agency.
[Read more in the MoJo blog]