Thursday, April 12, 2007

The dog ate my homework

Okay. This whole "we lost all our emails" thing from the White House is just ridiculous. In my practice, we deal with electronic documents all the time. And let me tell you, if we told the company suing us, "We just don't have all the emails that talk about the conduct for which you're suing us because we destroyed and lost them," we would find ourselves in an incredible universe of trouble. The hammer of an issue-preclusive sanction would come swinging down on us and it would take a minor--nay, a major--miracle to escape it. We would find that issue decided against us, no question.

The same standard should be held to the Bushies. They used secret email accounts to do government work and now they can't find the documents. There is an outright presumption of wrongdoing here--their inability to prove otherwise should be held completely against them.

And if they did it for this one issue, who doubts that they've been emailing on the sly for other things too?

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