Court Rules Delay in Release of Presidential Papers is Illegal -

- Fails to Address Authority of Former Vice Presidents to Hold Up Disclosure of Papers

UPDATE: And as usual, Republicans are up to their usual shenanigans, this time trying to divert Americans' attention by misdirection, by making false claims ("Bill and Hillary Clinton are responsible for preventing the release of Presidential papers"):

The Presidential Records Act of 1978 would have released presidential records had it not been for Bush's Executive Order. Why isn't the RNC pressuring Bush to rescind his order?

A District Court in the District of Columbia has ruled that an Executive Order issued by President George W. Bush in 2001, which severely slowed or prevented the release of historic presidential papers is, in part, invalid.

In a carefully constructed decision, the court held that the Archivist of the United States acts arbitrarily, capriciously, and contrary to law by relying on the Executive Order to delay release of the records of former presidents. The court did not reach the issue of whether it was permissible for President Bush to extend the authority over disclosure of presidential papers to a former president’s heirs or to former vice presidents.

The underlying lawsuit, which was filed in November 2001 by the National Security Archive and other plaintiffs, challenges President Bush's Executive Order 13,233 that gave former Presidents and their heirs (as well as former Vice-Presidents for the first time) indefinite authority to hold up release of White House records. In finding that the plaintiffs have standing to pursue the claim, the court specifically referenced the delays experienced by the National Security Archive for requests pending at the Ronald Reagan Presidential Library. As the Archive’s Director Thomas Blanton testified in Congress this past March, those delays have grown from 18 months in 2001 to “an estimate of 78 months (six and a half years!) [in 2007].”

Archive General Counsel Meredith Fuchs commented, “The court is enforcing procedural standards, but has avoided the hard questions about the role former presidents, former vice presidents, and their heirs can play when it comes to disclosure of presidential records.” She noted, “Unless the Executive Order is reversed or withdrawn, decisions about the release of records from this administration may ultimately be made by the Bush daughters.”

And can Bush or his brothers object to the release of Reagan's papers in whose administration Bush's father was vice-president? And what about the liberal-libertarian independent Ron and Patty Reagan? What if they want their father's papers released, but their neoconservative brother, Michael Reagan (the son adopted by Reagan during his first marriage to Jane Wyman), doesn't agree?

The decision comes at a time when a bill that would overturn Executive Order 13,233 is stalled in the U.S. Senate, reportedly due to a hold placed on the measure by Senator Jim Bunning (R-KY). The bill, H.R. 1255, was approved in the U.S. House of Representatives on March 14, 2007 by a vote of 333-93. The White House has threatened to veto the bill if it is passed in the Senate.

BACKGROUND

The Presidential Records Act of 1978 (PRA) emerged from the scandals of the Nixon presidency to require former presidents to release their records no later than 12 years after they leave office. Under the PRA, as amended, the U.S. government asserts complete "ownership, possession, and control" of all Presidential and Vice-Presidential records. Upon conclusion of the President's term in office, the National Archivist is required to assume custody of the records, and to make them available to the public when permissible under the PRA. Access to the records can be denied after the end of the 12-year embargo only if a former or incumbent president claims an exemption based on a "constitutionally based" executive privilege or continuing national security concern.

On February 8, 2001, shortly after President Bush came into office, he was notified of a scheduled release of Reagan presidential records (68,000 pages of records). His legal counsel requested two successive 90-day extensions of time to review the records prior to their release followed by a third request for an indefinite extension of time so that the White House could evaluate the legal framework and process that would govern release of the records. This was followed on November 1, 2001 with the issuance of Executive Order (E.O. 13,233) that gives the White House and former presidents uncontrolled discretion in deciding whether to deny the release of documents requested by journalists and scholars.

These papers serve and belong to the American people.

Hillary Clinton's Records As First Lady Locked Up

Archivists say the documents at her husband's presidential library won't be released until after the '08 vote.



Yet another reason not to vote for Hillary.

Haven't we had enough secrecy? Haven't we had enough of politicians keeping the American people like mushrooms, on a steady diet of bullshit and in the dark?

The LATimes reports:

Sen. Hillary Rodham Clinton cites her experience as a compelling reason voters should make her president, but nearly 2 million pages of documents covering her White House years are locked up in a building here, obscuring a large swath of her record as first lady.

Clinton's calendars, appointment logs and memos are stored at her husband's presidential library, in the custody of federal archivists who do not expect them to be released until after the 2008 presidential election.

A trove of records has been made public detailing the Clinton White House's attempts to remake the nation's healthcare system, following a request from Bill Clinton that those materials be released first. Hillary Clinton led the healthcare effort in 1993 and 1994.

But even in the healthcare documents, at least 1,000 pages involving her work has been censored by archives staff because they include confidential advice and must be kept secret under a federal law called the Presidential Records Act. Political consultants said that if Hillary Clinton's records were made public, rivals would mine them for scraps of information that might rattle her campaign.

"Those files -- that's the mother lode of opposition research," said Ray McNally, a Republican political consultant in Sacramento. "Opposition researchers would be very hungry to see what's there." Robert Shrum, senior political strategist in Democratic Sen. John F. Kerry's 2004 presidential campaign, said: "In 2 million pieces of paper, would opposition researchers hope to find one where she wrote a memo saying, 'I wish I'd never gotten involved in healthcare?' Sure. That's what they'd love to find."

At the Clinton library overlooking the Arkansas River, federal archivists clad in protective smocks are sorting through 80 million pages of records and another 20 million e-mails from a Clinton presidency that ended in January 2001. About 2 million of those pages concern the first lady's office.

A staff of 11 spends most of its time answering some 250 requests for documents submitted under the Freedom of Information Act. Requests are fulfilled largely on a first-come, first-served basis. Because the earliest requests involved other Clinton administration activities, the requests for the now-New York senator's records are further back in line, staff members said.

A list of Freedom of Information Act requests that have been completed by the archives staff includes one for a photo of Bill Clinton jogging with a "Yale Whiffenpoof Club insignia" on his clothing; another for various files on UFOs and flying saucers and one for the full name of the pastry chef who made a birthday cake for Chelsea Clinton.

Before documents are released, archives staff must read them and, by law, must redact material that they determine contains classified information, invades a person's privacy, reveals trade secrets, reveals confidential advice from presidential advisors or raises other concerns specified in the records law.

Asked how long it might be before Hillary Clinton's records are released, the library's chief archivist said it could take years.

"We're processing as fast as we can," Melissa Walker said.

Not fast enough, in the view of some who have been waiting. A conservative watchdog group called Judicial Watch filed suit against the National Archives last month, demanding the release of Hillary Clinton's diaries, telephone logs, daily planners and schedules. In the 1990s, the group filed suits against the Clinton administration that led to revelations about fundraising practices, including Democratic campaign donors being tapped for official trade missions. In the most recent suit, Judicial Watch said it had submitted its request more than a year ago and had received nothing, save for confirmation that the library possessed "a substantial volume" of such papers.

Staffing pressures have prevented the National Archives from keeping up with an expanding workload. In 2002, the agency employed 334 archivists. This year, the number is down to 301. That 10% drop came during a period when the National Archives assumed jurisdiction over two more presidential libraries: those of Clinton and Richard Nixon.

"If we have fewer trained personnel, we are unable to do as many preservation projects as we might like, and we're less able to serve the public in ways we would like to," said Susan Cooper, a spokeswoman for the National Archives.

But advocates for open records said that had it made savvier use of technology, the Clinton library could be moving more quickly. Computers can sort through e-mail to flag classified documents, as distinguished from material that can be speedily released, said Thomas S. Blanton, director of the National Security Archive, a research institute at George Washington University.

"There's no reason why a load of a few hundred FOIA requests should absorb 11 full-time people perpetually," Blanton said, referring to requests made under the Freedom of Information Act.

What records that have been made public offer tantalizing details about Hillary Clinton's White House years. One memo reveals details about the "war room" for the healthcare plan. Aides wrote of the need for secrecy, but also presented Hillary Clinton with arguments she could make that the process of drawing up a healthcare plan was "the most open in the history of the federal government."

A 1993 memo discussed a plan to create reports on members of Congress, tracking their positions on healthcare. The files would log when members met with Hillary Clinton, how they voted on key bills, and -- under a category called "influence" -- whom they consulted for advice. One 1994 memo offers a historical curiosity: It draws Clinton's attention to a rising Republican politician, Mitt Romney, who is now a leading contender for the Republican presidential nomination.

In the memo, Clinton's aides discussed a trip to Boston, where the then-first lady was to appear at a fundraising event for Sen. Edward M. Kennedy (D-Mass). Kennedy was then running for reelection against Romney.

"Romney, a millionaire business consultant with no political experience, is a Mormon," the memo reads. "His religion is a delicate issue, which Kennedy himself has not raised but other Democrats have."

At other presidential libraries -- which in some cases have had decades to process the material -- some first lady records are now open to the public.

About 75,000 pages of Rosalynn Carter's records are publicly available, including scheduling and social office files. Both the Ronald Reagan and George H.W. Bush libraries also said that some records covering former first ladies Nancy Reagan and Barbara Bush were open.

The healthcare papers that have been released contain gaps when it comes to the part played by Hillary Clinton. A number of records involving her have been kept secret because they include confidential advice between presidential aides. Among the withheld documents are memos about meetings between Hillary Clinton and Democratic Sens. Christopher J. Dodd and Joseph R. Biden Jr. -- now her rivals for the Democratic presidential nomination.

Other records kept from public view include a 1993 memo to the first lady entitled "positioning ourselves on healthcare," and another from that year called "public portrayal of the Medicare program."

Here's another question for the candidates for President:

If elected, will you rescind the executive orders and the Presidential Records Act that are keeping the papers of the last four administrations classified?

It's hard to believe that an administration as secretive as this one will go quietly at the end of its second term if the fix isn't in with the incoming President to keep all the records classified and secret.