The disappearance of e-mail messages by Bush lawyers who drafted memos blessing harsh interrogation tactics may launch a criminal inquiry. They cover a critical period in 2002 when Justice Department attorneys labored under heavy pressure on a memo that gave the CIA a green light to use simulated drowning, sleep deprivation and other since-repudiated interrogation techniques against al-Qaeda suspects. The Justice Department's five-year inquiry, which concluded last week, found that Yoo and lawyer Jay S. Bybee "exercised poor judgment" but will not face discipline. In 2001, President George W. Bush nominated former Justice Department lawyer Miguel Estrada to a seat on the federal courts of appeals. Estrada withdrew his name after a filibuster. His wife died of an accidental overdose of alcohol and sleeping pills, having also miscarried during the nomination fight, essentially over memos that Estrada had written while he was in office He now represents Yoo.

E-mail Gap
Miers responded , "Not sure whether this will be determined to require the boss's attention" and noted that President Bush had left town the night before. Sampson then asked, "Who will determine whether this requires the president's attention?" There is no follow-up response in the documents so far released
here

Politico notes email gap here