Court Rules Bush Executive Order On Presidential Papers Illegal

George W. Bush claims to fight for freedom half a world away, but works to destroy it right here at home.Court Rules Bush Executive Order On Presidential Papers IllegalBy Cliff Montgomery – Oct. 2nd, 2007The U.S. District Court for the District of Columbia ruled yesterday that parts of a Bush Executive Order issued in 2001, which greatly slowed–and in some cases directly prevented–the public release of past presidential records, are illegal.U.S. District Judge Colleen Kollar-Kotelly ruled that the U.S. Archivist’s use of the controversial Executive Order to withhold the White House records of former presidents “is arbitrary, capricious,” creates “an abuse of discretion,” and is “not in accordance with law.”On November 1st, 2001, George W. Bush issued Executive Order 13,233, a presidential directive that empowers current and former presidents–as well as their families–with unlimited power to decide whether to release the papers of past presidents to scholars, journalists, and the public.Plaintiffs who filed the First Amended Complaint on July 2nd, 2004, include the American Historical Association; Stanley Kutler, Professor Emeritus of History and Law at the University of Wisconsin; the National Security Archive, a non-governmental research institute and library; Public Citizen, Inc.; and the Reporters Committee for Freedom of the Press.But don’t cheer the D.C. District Court too quickly. Judge Kollar-Kotelly failed to answer the legal question of whether George W. Bush may rightly claim the authority to hand over publication rights of presidential papers to the heirs of former presidents and former vice presidents.“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,” National Security Archive General Counsel Meredith Fuchs told reporters.“Unless the Executive Order is reversed or withdrawn, decisions about the release of records from this administration may ultimately be made by the Bush daughters,” noted Fuchs.The legal answer would appear to be a foregone conclusion. The Presidential Records Act of 1978 (PRA) was a direct result of the infamous Nixon Administration scandals of the early 1970s. The PRA requires former presidents to open their White House records to the public within 12 years of leaving office.Under the amended PRA, absolute “ownership, possession, and control” of  White House papers belongs to the American people.So how do we know that some shady president or vice president won’t edit or destroy their records after leaving office in an effort to hide their sins? U.S. law states that at the end of a President’s term, the National Archives and Records Administration (NARA) is charged with assuming custody of all presidential records.NARA also is charged with releasing the records to the public under PRA guidelines.After the 12-year embargo, record access may only be denied if a current or former president  proves a “constitutionally based” claim of executive privilege, or cites an open national security concern.The district court ruling comes just as a congressional bill which would make null and void Executive Order 13,233 has ground to a halt in the Senate–due, many say, to a hold on the bill by Senator Jim Bunning (R-KY).A House version of the bill was easily approved in the House of Representatives by a 333-93 vote on March 14th, 2007.  The Bush Administration has vowed to veto the legislation if it is approved by the Senate.Like what you’re reading so far? Then why not order a full year (52 issues) ofe-newsletter for only $15? A major article covering an story not being told in the Corporate Press will be delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!