Bipartisan House Measure For Open Government Moves Ahead, Despite Bush Opposition

Despite the insistence of ‘King George’, it seems we may again have an accountable government.Bipartisan House Measure For Open Government Moves Ahead, Despite Bush OppositionBy Cliff Montgomery – Apr. 9th, 2007On March 14th, the House of Representatives adopted a number of open government bills by large, bipartisan, veto-proof majorities in preparation for sharp opposition from the Bush White House.”Over the past six years, the Bush Administration has done everything it can to operate in secret, to avoid public scrutiny, and to limit congressional oversight,” said Rep. Henry Waxman (D-CA), who quickly moved the bills through his Committee on Oversight and Government Reform.”I am pleased that Congress is reversing this course by passing four critically important good government bills with strong bipartisan support, ” he added.The vote coincided with Sunshine Week, a national campaign by media groups and others to further virtues of openness and accountability in government.One of these bills, if passed by strong veto-proof majorities by both houses, is a “bipartisan bill…intended to promote the timely release of Presidential records under the Presidential Records Act of 1978, by rescinding Executive Order 13233,” according to Rep. Lacy Clay (D-MI).”Issued by President Bush in November 2001,” Clay continued, “[Executive Order 13233] granted new authority to Presidents, former Presidents, their heirs and designees and Vice Presidents, allowing them to withhold information from public view unilaterally and indefinitely.”To illustrate the importance of this issue, we briefly quote below from statements found in the Mar. 14th edition of the Congressional Record made by Representatives Waxman and Clay:Mr. Waxman: “This bill…builds on a bipartisan proposal that came to light in the last Congress, and I think it fits well within the theme of many of the bills that we are pursuing this week, openness in government.”The bill has a straightforward goal. It ensures that future historians have access to Presidential records as the Presidential Records Act (PRA) intended.”This law was adopted after the Watergate scandals to underscore the fact that Presidential records belong to the American people–not to the President, not to his family, but to the American people. It has been a bipartisan proposal from the very beginning. In fact, this bill had bipartisan support not only from Mr. Clay and others, but [also Republicans] Mr. [Todd] Platts (R-PA) and Mr. [Dan] Burton (R-IN).”The act said that these records would be available to researchers and the general public in a timely manner. This was the rule for over two decades; but in 2001, President George W. Bush issued an executive order that turned the Presidential Records Act on its head and gave Presidents the authority to keep their records out of the public eye.”The Bush order gives both current and former Presidents nearly unlimited authority to withhold Presidential records from public view or to delay their release indefinitely. It allows a designee of former Presidents to assert executive privilege after the President’s death, and for the first time, it gives former Vice Presidents the authority to assert privilege over their own documents.”In short, this gives former Presidents and their heirs the ability to control their legacy and determine what information will be available to history.”That undermines the entire purpose of the Presidential Records Act. Historians and scholars need access to Presidential records so that there is an accurate record of a President’s term in office and not an alleged version based on what the President chooses to share.”During Sunshine Week this bill fits in so well, because it would make sure that information about government and government activities is open to public scrutiny. It is an essential component of this open government agenda.”I urge my colleagues to support this legislation, protect historical research, and vote for this bill.”Mr. Clay: “During subcommittee hearings last week, the Archivist of the United States, Allen Weinstein, testified that Executive Order 13233 has “added to the endemic problem of delay that NARA faces from the PRA in the processing of Presidential records.””Tom Blanton of the National Security Archive testified that the order already has added 5 years to the response time for records from the Reagan library and violates the letter and spirit of the PRA.”Presidential historian Robert Dallek urged Congress to rescind the order, stating, “President Bush’s order carries the potential for an incomplete and distorted understanding of past Presidential decisions, especially about controversial actions with significant consequences.””‘It is understandable,’ said Dr. Dallek, ‘that every President and his heirs wants to put the best possible face on his administration, but an uncritical or limited reconstruction of our Nation’s history does nothing to serve its long-term national interest.'”Mr. Speaker, the long-term national interest demands that the American people know how and why important decisions are made at the highest level of our government. This straightforward and bipartisan legislation would ensure that this will be the case by requiring that Presidential records will be treated as the property of the American people.”