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EPA tells court it may have lost text messages at the center of a lawsuit
The Hill ^ | 10/09/2014 | By Timothy Cama

Posted on 10/09/2014 9:34:35 AM PDT by SeekAndFind

The Environmental Protection Agency (EPA) told a federal court that it may have lost the text messages at the center of a lawsuit by a libertarian think tank.

The Competitive Enterprise Institute (CEI) sued the EPA last year in federal court to compel the release of text messages to and from Administrator Gina McCarthy and her predecessor under the Freedom of Information Act.

In the Tuesday filing to the United States District Court for the District of Columbia, Justice Department lawyers representing the EPA said the agency will soon file a notice that it may have misplaced records that it was legally required to retain. “Defendant has decided to formally notify the National Archives and Records Administration (NARA) about the potential loss of federal records relating to text messages,” the lawyers told the court.

Once it files that notice the CEI’s claim will become moot, since the records do not exist, the agency said. Lawyers will ask the court for a hearing to dismiss the case.

Despite the filing, EPA spokeswoman Liz Purchia said the agency maintains that the text messages neither had to be preserved nor were subject to disclosure. Text messages can legally be deleted, she said.

(Excerpt) Read more at thehill.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: epa; howconvenient; lawsuit; seebreakingnews; textmessage
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To: SeekAndFind

“Liz Purchia said the agency maintains that the text messages neither had to be preserved nor were subject to disclosure. Text messages can legally be deleted, she said”.

Uhmmmm, no they can’t.


21 posted on 10/09/2014 11:23:58 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: SeekAndFind
Seems to be a lot of that going around. I wonder why?

Actually, no I have no doubt as to why records are being “distroyed” “lost” “misplaced” etc.

The Big Zero's administration is corrupt to its core.

22 posted on 10/09/2014 11:34:48 AM PDT by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: SeekAndFind

I bet the NSA has them.


23 posted on 10/09/2014 11:43:47 AM PDT by fuzzylogic (welfare state = sharing consequences of poor moral choices among everybody)
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To: SeekAndFind

Of course they did. Happens all the time to multiple machines in one company on one subject of interest to the courts. Perfectly understandable. Move on, folks, nothing to see here.


24 posted on 10/09/2014 1:03:11 PM PDT by wildbill (If you check behind the shower curtain for a murderer, and find one... what's your plan?)
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To: i_robot73
Does gov’t use the same ‘guys’ between departments?

No. But they do 'text message' each other .

25 posted on 10/09/2014 1:35:56 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: Vendome

Liz Purchia is just trying to split hairs.

There is no difference between text messages and email. Both are forms of communication between gov’t employees conducting official business.

She might as well claim that only typewritten letters were subject to disclosure, but that handwritten notes were not.


26 posted on 10/09/2014 1:44:30 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: UCANSEE2

Yep and txt messages are stored ubiquitously across the network and backed up.


27 posted on 10/09/2014 2:29:09 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: UCANSEE2

Didn’t think so; why would D.C. centralize and keep costs low? It’s only taxpayer funds, right.

Hasn’t it been ruled already that a ‘company’ supplied phone conveys no privacy Rights? Course, I’m sure that’s another rule for the masses, not the ‘betters’.

I wonder if they have some kind of inter-dept. chat program?


28 posted on 10/10/2014 5:14:56 AM PDT by i_robot73 (Give me one example and I will show where gov't is the root of the problem(s).)
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