White House Delays Release of Advice to ReaganJune 9, 2001
WASHINGTON, June 8 — The White House is delaying the release of thousands of pages of old presidential records that detail the confidential advice given Ronald Reagan by his aides, some of whom are now prominent officials in the Bush administration.
The records were to be disclosed on Jan. 21 under the Presidential Records Act, adopted after Watergate to deal with issues created by President Richard M. Nixon's assertion that he owned his administration's papers.
But after President Bush took office, the White House counsel, Alberto R. Gonzales, delayed the documents' release until June 21 so that they could be reviewed. And a White House spokeswoman, Anne Womack, said today that the administration had recently arranged for another extension, until Aug. 31 at the earliest.
The Presidential Records Act, made law in 1978, provided that documents dealing with White House aides' advice to a president were to be released 12 years after the end of his administration. The Reagan administration is the first to which the law applies.
But under an executive order signed in the closing days of Mr. Reagan's presidency, the incumbent administration at the time of the scheduled release may delay it in order to review the documents and so determine whether to invoke executive privilege to prevent their disclosure outright.
Ms. Womack, the Bush spokeswoman, said today that "the reason for the extension is to conduct a legal review of the documents at the Justice Department."
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A challence to the Presidential Records Act? - News & EventsOn November 1, 2001, President George W. Bush signed a new Executive Order (EO) which "amends" the Presidential Records Act (PRA). The EO places in jeopardy the viability of the PRA, which governs the management of and public access to presidential records. By limiting accessibility of presidential papers and documents, which is what the EO appears to be designed to do, scholars might find it difficult or impossible to obtain important presidential records essential for doing scholarly research. Relatedly, and perhaps even more importantly, the public might find part of their access to open government cut off. At the time of this writing it is still too early to tell -- it remains to be seen how President Bush will implement the EO -- if the measure is indeed warranted or if it erodes a vital component of the principle and practice of open government.
E.O. 13233, known ambiguously as the "Further Implementation of the Presidential Records Act" permits the sitting president to deny the release of papers of a former president, even if that previous president authorizes the release of his papers. This overturns the previous standard, which permits only the former president in question to weigh in on the accessibility of his presidential materials. The new EO allows for the release of certain types of presidential papers and documents only if both the former and sitting presidents approve their release. As such, it makes it difficult for the public or scholars to obtain materials and locks away from public introspection potentially important documents, deemed sensitive by the incumbent president.
Critical Reaction to the EO
Not surprisingly, Bush's actions drew fire from historians and presidential scholars, who noted that sensitive national security documents are already protected and their untimely release is precluded by current protocol. Even Bruce Lindsey, former White House Counsel for President Bill Clinton, spoke out against the move and wrote the Bush administration questioning the wisdom of the EO. News of the EO sparked controversy on the Hill, where a subcommittee of the House Committee on Government Reform immediately announced that they would be holding hearings on the action. Likewise, a joint statement authored by Rep. Henry Waxman (D-CA) and Janice Schakowsky (D-IL) called on President Bush to rescind the EO.
Without a thorough response from the President or his administration, Bush's actions appear to go against the very doctrine of government openness. The new EO also violates the faith of the PRA, which assures public access and mandates the systematic release of presidential records after 12 years or through the use of a Freedom of Information Act (FOIA) request, an important "sunshine" reform and cornerstone of government openness. For instance, the new EO also narrows the grounds under which presidential materials can be released through the FOIA. Now, FOIA requests must be proven to satisfy a "demonstrable, specific need" (however that may be defined) in order to be granted. At the same time, Bush's decision expands the original PRA's ability to restrict documents and the range of items eligible for restriction. E.O. 13233 achieves this by establishing two new categories of documents that can be withheld: (1) any communications between the president and presidential aides/advisors; and (2) materials pertain ing to advice and legal assistance the president receives. It also eliminates the wording "confidential" from the criterion which the original PRA established in order to limit access. Where confidential communications were eligible for restriction, communications are now eligible for restriction.
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