CNN’s Political Ticker blog is reporting that the White House has lost their fight to block a lawsuit filed by Citizens for Responsibility and Ethics in Washington (CREW) and the National Security Archive over millions of missing emails. The emails, dating from 2003 and up through 2005 were lost because the White House did not have a back up system in place at the time. Here’s an excerpt:

The case does not stem from a specific investigation, but highlights the ongoing battle over the limits of executive power. The watchdog groups claim the White House failure to recover, restore, and preserve electronic communications violates the Federal Records Act. The White House maintains its compliance with the Federal Records Act is not subject to review by the courts.

CREW is also involved in a separate lawsuit against the government where it wants the court to decide regarding whether the feds  are required, under the Freedom of Information Act, to provide access to emails.