A federal judge today sided with the Bush administration in a Freedom of Information Act (FOIA) lawsuit related to missing White House e-mails. Judge Colleen Kollar-Kotelly, who is probably most familiar to Ars readers for her role in the Microsoft antitrust case, held that the White House’s Office of Administration was not a federal agency as that term is defined by the FOIA and was therefore not obligated to respond to FOIA requests.
The ruling represents a setback for the plaintiff, Citizens for Responsibility and Ethics in Washington (CREW), which was also behind the White House e-mail lawsuit we covered in April. That lawsuit was heard by a different judge, was directed at a different federal agency, and was filed under different federal statutes: the Federal Records Act and the Presidential Records Act. The White House has denied wrongdoing in that case, and the case is still being litigated. (link)