Thanks to a unanimous ruling in the U.S. Court of Appeals for the D.C. Circuit, details surrounding millions of Bush Administration emails that were lost (and later found) may remain secret.

Back in October 2005, the Office of Administration in the (Bush Administration) White House allegedly discovered that the Executive Office of the President had lost millions of White House emails between 2003 and 2005. In April 2007, CREW filed a Freedom-of-Information-Act request to the Office of Administration asking for information about the missing emails. CREW sought records about the EOP’s e-mail management system,reports analyzing potential problems with the system, records of retained emails and possibly missing ones, documents discussing plans to find the missing emails, and proposals to institute a new email record system.

Sadly for CREW, the latest ruling finds that the Office of Administration is not an “agency” under the terms of the Freedom-of-Information-Act, and thus need not comply with CREW’s request to provide information about the “misplaced” emails.

Of course, there are other cases still moving through the courts between the Executive Office of the President, CREW and other parties. And, thanks to earlier lawsuits in the 1990s, email from the White House must be treated and preserved as government records. For more information about the “lost” Bush Administration emails, the National Security Archive at George Washington University has a comprehensive chronology of the saga.

(Hat-tip to Roger Matus for alerting me to the ruling)