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04-12-2007, 11:15 AM
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#3826
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Moderasaurus Rex
Join Date: May 2004
Posts: 33,084
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there's no "r" in "spoliation"
Quote:
Originally posted by andViolins
Although Anne Elk could better address this, I am always skeptical when someone states that an e-mail has been lost or deleted. From the article, it appears that there were blackberries, laptops, desktops and likely e-mail servers that all hosted versions of these e-mails. Even if these e-mails were set to be "deleted" every 30 days (or that they could be deleted by different individuals), I doubt that all of these devices were truly wiped. So, the answer is to go in and image all of the various drives. That is, if they are serious about finding the allegedly "lost" e-mails.
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__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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04-12-2007, 11:27 AM
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#3827
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I am beyond a rank!
Join Date: Mar 2003
Posts: 17,178
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there's no "r" in "spoliation"
Quote:
Originally posted by andViolins
Although Anne Elk could better address this, I am always skeptical when someone states that an e-mail has been lost or deleted. From the article, it appears that there were blackberries, laptops, desktops and likely e-mail servers that all hosted versions of these e-mails. Even if these e-mails were set to be "deleted" every 30 days (or that they could be deleted by different individuals), I doubt that all of these devices were truly wiped. So, the answer is to go in and image all of the various drives. That is, if they are serious about finding the allegedly "lost" e-mails.
aV
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While you are certainly correct, we do not often go to that level of expense to recover previously deleted materials. Then again, I have never been involved in a case where there was an allegation that materials were deleted after there was an obligation to preserve them. |
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04-12-2007, 11:39 AM
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#3828
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Moderasaurus Rex
Join Date: May 2004
Posts: 33,084
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__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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04-12-2007, 11:41 AM
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#3829
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Moderator
Join Date: Mar 2003
Location: Monty Capuletti's gazebo
Posts: 26,231
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Quote:
Originally posted by Shape Shifter
Worsethannixon.
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You're a dick. I just started laughing at somebody I was supposed to be listening to.
I am stealing that.
__________________
All is for the best in the best of all possible worlds.
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04-12-2007, 11:50 AM
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#3830
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World Ruler
Join Date: Apr 2003
Posts: 12,057
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Quote:
Originally posted by sebastian_dangerfield
You're a dick. I just started laughing at somebody I was supposed to be listening to.
I am stealing that.
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Kilgore Trout once wrote a short story which was a dialogue between two pieces of yeast. They were discussing the possible purposes of life as they ate sugar and suffocated in their own excrement. Because of their limited intelligence, they never came close to guessing that they were making champagne.
__________________
"More than two decades later, it is hard to imagine the Revolutionary War coming out any other way."
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04-12-2007, 11:59 AM
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#3831
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Moderator
Join Date: Mar 2003
Location: Monty Capuletti's gazebo
Posts: 26,231
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Quote:
Originally posted by Shape Shifter
Kilgore Trout once wrote a short story which was a dialogue between two pieces of yeast. They were discussing the possible purposes of life as they ate sugar and suffocated in their own excrement. Because of their limited intelligence, they never came close to guessing that they were making champagne.
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An absurd metaphor for a reality more fantastic than the metaphor. You just broke my brain.
__________________
All is for the best in the best of all possible worlds.
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04-12-2007, 12:00 PM
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#3832
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Wild Rumpus Facilitator
Join Date: Mar 2003
Location: In a teeny, tiny, little office
Posts: 14,167
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Quote:
Originally posted by Hank Chinaski
12. Jurors. Disagree.
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I've sat on juries. The most gentle indictment I can offer is that they truly are representative of the American people.
OTOH, the strongest praise I can offer them is that they are truly representative of the American people.
__________________
Send in the evil clowns.
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04-12-2007, 12:07 PM
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#3833
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Wild Rumpus Facilitator
Join Date: Mar 2003
Location: In a teeny, tiny, little office
Posts: 14,167
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there's no "r" in "spoliation"
Quote:
Originally posted by andViolins
Although Anne Elk could better address this, I am always skeptical when someone states that an e-mail has been lost or deleted. From the article, it appears that there were blackberries, laptops, desktops and likely e-mail servers that all hosted versions of these e-mails. Even if these e-mails were set to be "deleted" every 30 days (or that they could be deleted by different individuals), I doubt that all of these devices were truly wiped. So, the answer is to go in and image all of the various drives. That is, if they are serious about finding the allegedly "lost" e-mails.
aV
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Would that suggest that the White House might be beig less than honest when it claims the emails were lost? I'm curious because this sort of question tends to come up a lot and I want to be clear.
__________________
Send in the evil clowns.
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04-12-2007, 12:09 PM
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#3834
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Moderator
Join Date: Mar 2003
Location: Monty Capuletti's gazebo
Posts: 26,231
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Quote:
Originally posted by taxwonk
I've sat on juries. The most gentle indictment I can offer is that they truly are representative of the American people.
OTOH, the strongest praise I can offer them is that they are truly representative of the American people.
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2 really smart people. 2 people who think they're smart. 3 people who'd send a man to death row just to get done with it. 2 idiots who think the process is "neat." 3 clinically retarded, terminally unemployed bags of plasma with tumbleweeds rolling around their heads.
I'd take bench trials every chance I could get. Putting a business dispute in front of the average jury is suicide.
__________________
All is for the best in the best of all possible worlds.
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04-12-2007, 12:11 PM
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#3835
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I am beyond a rank!
Join Date: Mar 2003
Posts: 17,178
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Quote:
Originally posted by sebastian_dangerfield
2 really smart people. 2 people who think they're smart. 3 people who'd send a man to death row just to get done with it. 2 idiots who think the process is "neat." 3 clinically retarded, terminally unemployed bags of plasma with tumbleweeds rolling around their heads.
I'd take bench trials every chance I could get. Putting a business dispute in front of the average jury is suicide.
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Could you please persuade the class action plaintiff's bar to agree with you? |
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04-12-2007, 12:15 PM
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#3836
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World Ruler
Join Date: Apr 2003
Posts: 12,057
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there's no "r" in "spoliation"
Quote:
Originally posted by taxwonk
Would that suggest that the White House might be beig less than honest when it claims the emails were lost? I'm curious because this sort of question tends to come up a lot and I want to be clear.
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They can be recovered, but it could be time-consuming and expensive.
__________________
"More than two decades later, it is hard to imagine the Revolutionary War coming out any other way."
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04-12-2007, 12:21 PM
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#3837
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Wild Rumpus Facilitator
Join Date: Mar 2003
Location: In a teeny, tiny, little office
Posts: 14,167
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there's no "r" in "spoliation"
Quote:
Originally posted by Shape Shifter
They can be recovered, but it could be time-consuming and expensive.
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Well, in that case, let's just let it go.
__________________
Send in the evil clowns.
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04-12-2007, 12:22 PM
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#3838
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(Moderator) oHIo
Join Date: Mar 2003
Location: there
Posts: 1,049
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there's no "r" in "spoliation"
Quote:
Originally posted by taxwonk
Would that suggest that the White House might be beig less than honest when it claims the emails were lost? I'm curious because this sort of question tends to come up a lot and I want to be clear.
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No. I'm only suggesting that a lot of people have no idea what they are talking about when they state that electronic data has been erased or lost.
aV
__________________
There is such a thing as good grief. Just ask Charlie Brown.
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04-12-2007, 12:29 PM
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#3839
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World Ruler
Join Date: Apr 2003
Posts: 12,057
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there's no "r" in "spoliation"
Quote:
Originally posted by taxwonk
Well, in that case, let's just let it go.
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I don't think that's going to happen. Thank God for congressional subpoena power.
- "They say they have not been preserved. I don't believe that!" Senate Judiciary Committee Chairman Patrick Leahy shouted from the Senate floor.
"You can't erase e-mails, not today. They've gone through too many servers," said Leahy, D-Vermont "Those e-mails are there, they just don't want to produce them. We'll subpoena them if necessary."
http://www.cnn.com/2007/POLITICS/04/....ap/index.html
__________________
"More than two decades later, it is hard to imagine the Revolutionary War coming out any other way."
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04-12-2007, 12:30 PM
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#3840
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I am beyond a rank!
Join Date: Mar 2003
Posts: 17,178
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there's no "r" in "spoliation"
Quote:
Originally posted by Shape Shifter
I don't think that's going to happen. Thank God for congressional subpoena power.
- "They say they have not been preserved. I don't believe that!" Senate Judiciary Committee Chairman Patrick Leahy shouted from the Senate floor.
"You can't erase e-mails, not today. They've gone through too many servers," said Leahy, D-Vermont "Those e-mails are there, they just don't want to produce them. We'll subpoena them if necessary."
http://www.cnn.com/2007/POLITICS/04/....ap/index.html
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He would make a great plaintiffs' lawyer. |
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