Elementary
mathematics illustrates, however, that copying two tapes each
day is better than none. By analogy, if the data at issue were
in hard-copy rather than computer form, the EOP's [Executive Office
of the President's] position would essentially be that it need
not copy or produce a single document until it could find a copier
capable of reproducing large quantities of the documents together.
This court cannot accept such a preposterous position.
.
. . Therefore, had the EOP begun copying tapes, not only would
some data now be available for searching, but also the EOP could
have tested its capability to complete the restoration process,
modified its plan as necessary, and developed an estimate for
when the entire process could be completed.
The
EOP did not do this, however. Nor has it provided the court with
any explanation of why it did not do so. Instead, after twenty
weeks, the EOP has not made one concrete step towards producing
any of the non-ARMS e-mail, and can not give the court any estimate
of when it might do so. Accordingly, the court finds that an evidentiary
hearing to determine the best way to restore and search non-ARMS
e-mail is warranted. The evidentiary hearing shall be scheduled
immediately.
