Follow up to October 17, 2007 posting, Court Indicates Order on Missing White House Email Forthcoming, from CREW: “Today, in CREW v. EOP, Magistrate Judge John Facciola issued a report and recommendation in which he concluded that a temporary restraining order should be issued by District Court Judge Henry Kennedy preventing the White House from destroying any back-up copies – in whatever medium – created to preserve data. CREW sought this order to ensure that back-up copies of the millions of email deleted from White House servers between March 2003 and October 2005 were preserved pending resolution of CREW’s lawsuit challenging as contrary to law those deletions and the failure of the White House to have an effective electronic record-keeping system in place. The court refused to accept the last-minute proffer of the White House to provide a declaration in lieu of a court order, explaining that a declaration is not sufficient because a violation is not punishable by contempt. The White House has 10 days in which to file an objection to this recommendation, after which Judge Kennedy will issue an order.”