Lawmakers urge Bush to rescind presidential-papers order
By The Associated Press
11.13.01
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| 1991 view of the Ronald Reagan Presidential Library in Simi Valley, Calif. |
WASHINGTON — Lawmakers from both parties have urged President Bush to rescind, or at least rethink, an executive order they say will restrict the release of presidential papers.
The recent order gives former presidents more authority to claim executive privilege to keep some of their papers sealed.
“The new order appears to create a more elaborate process” for releasing documents, Rep. Stephen Horn, R-Calif., said Nov. 6 during a congressional hearing on the order. “It also gives both the former and incumbent presidents veto power over the release of the records.”
Democratic Reps. Henry Waxman of California and Janice Schakowsky of Illinois sent Bush a letter asking him to rescind the order, saying it “violates the intent of Congress and keeps the public in the dark.”
After the hearing, the White House defended the order and indicated the president had no intention of rescinding it.
“As the executive order is implemented, if there are suggestions about improving the process, we’ll be happy to take those into consideration,” White House spokeswoman Anne Womack said.
Outside experts who testified at the hearing found fault with the Bush order.
“Secrecy is a dangerous thing,” said American University historian Anna Nelson, adding that secrecy had spawned conspiracy theories about the assassination of President Kennedy.
“The president’s current efforts appear designed to substantially tip the balance in favor of secrecy,” said Mark J. Rozell, politics professor at Catholic University of America.
The Bush administration contends the order merely implements the Presidential Records Act of 1978, which followed Watergate and Richard Nixon’s attempts to hold on to his papers and tape recordings. The act made presidential records the property of the government, not former presidents.
Former President Reagan’s papers are the first covered by the act, which will also affect the presidential papers of Bush’s father, Bill Clinton, and ultimately the president himself. It also applies to vice presidential papers, including those of the elder Bush.
Scott Nelson, an attorney for Public Citizen Litigation Group, said the order gives former presidents unfettered power to block the release of material simply by making a claim of privilege, “however unfounded that claim may be.” That leaves those who seek public access to challenge the claim in court.
“With the ability to block access will come the temptation to use it, particularly when records that are or may be embarrassing to the former president or his close associates are concerned,” he said.
Some historians have suggested that the Bush White House is worried about what the Reagan papers might reveal about former Reagan officials who now work for Bush. Among the former Reagan aides are Secretary of State Colin Powell, Budget Director Mitch Daniels Jr. and White House Chief of Staff Andrew Card.
Some 68,000 pages of Reagan’s White House records, including vice presidential papers from the elder Bush, were supposed to have been opened under the law last January, 12 years after Reagan left office. The White House has delayed the release three times to review constitutional and legal questions.
Update
Lawsuit challenges Bush presidential-papers order
Plaintiffs ask court to void plan, allow immediate release of Reagan documents.
11.29.01
Previous
Critics blast Bush plan for withholding presidential papers
Open-government advocates say order violates spirit of 1978 Presidential Records Act, will usher in new era of secrecy for documents.
11.02.01
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