Well it turns out that happened because the Bush White House decided to scrap a working archive system President Clinton put in to install their own:

For years, the Bush administration has relied on an inadequate archiving system for storing the millions of e-mails sent through White House servers, despite court orders and statutes requiring the preservation of such records, according to documents and technical experts.

President Bush’s White House early on scrapped a custom archiving system that the Clinton administration had adopted under a federal court order. From 2001 to 2003, the Bush White House also recorded over computer backup tapes that provided a last line of defense for preserving e-mails, even though a similar practice landed the Clinton administration in legal trouble.

So now we have more proof that the Bush White House is defying statues and court orders. I think we have reached “high crimes and misdemeanors”. Will Congress act now?

One thing worth thinking about. If we can get a prosecutor to start investigating this we won’t have any charges, let alone any prosecutions until after 1/20/2009. That means if someone does get convicted then Bush won’t be able to pardon them. An investigation should start before hand though so we can make damn sure Bush and his cronies don’t try to leave the country after he leaves office.