Those Evil Dems Are Preventing Bush from Archiving Properly
I noted the other day that–after years of trying to limit the Bush Administration’s responsibilities under the Presidential Records Act–the Bush Administration had found religion and was insisting that it had to box up all the documents proving they acted improperly when they fired nine US Attorneys. Basically, the first thing they did after the new year was to send Judge Bates a status report describing their solemn duty to throw everything in boxes, hopefully to make it unavailable for five years (to be fair, DOJ–and not Dick Cheney–sent the status report, so this is only partly hypocritical).
Although the PRA generally restricts access to presidential records for a period of five years (or until the Archivist completes processing and organizing the records), and further restricts disclosure of certain categories of information for a period of up to 12 years when presidential records are requested under the Freedom of Information Act, see 44 U.S.C. § 2204, the PRA contains special-access provisions that are relevant here. First, “[n]otwithstanding any restrictions on access imposed pursuant to section 2204, . . . subject to any rights, defenses, or privileges which the United States or any agency or person may invoke, Presidential records shall be made available . . . pursuant to subpoena or other judicial process issued by a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding[.]” 44 U.S.C. § 2205(2)(A). Second, the same exceptions to restricted access apply to requests for access to presidential records of a former President by “an incumbent President if such records contain information that is needed for the conduct of current business of his office and that is not otherwise available.” Id. § 2205(2)(B).[my emphasis]
As I noted earlier this week, HJC believed–and Bates concurred–that putting these documents in boxes and requiring legalese to open them again might cause a bit of delay (not that that was the idea, I’m sure).
Sure enough, Bates was carried through on his concerns, and got both sides to stipulate that these documents will remain at the White House until the suit is done (and/or HJC gets their grubby paws on it).
Defendants will create a copy set of all materials responsive to the subpoenas, including both paper and electronic documents, in hard copy format to be stored, segregated, and maintained at the White House for use in this litigation until this litigation is finally resolved.
[snip]
The White House shall make provisions to ensure the Archivist maintains the original set of materials responsive to the subpoenas intact at a facility in Washington, D.C. until this litigation is finally resolved, under appropriate security and in a manner that will enable ready access to the materials, if necessary.
That’s all well and good and I’m grateful that Bates–who spent a number of years shielding BushCo–remains on the side of transparency and oversight here.
But it’s got me thinking. What else is BushCo busily boxing up, preparing to bury it for five or twelve years, unless we find a way to identify it and withhold it?
I wonder if the OLC is one of those who has enthusiastically boxed up all those non-public opinions.
I remember reading a press report where Marty Lederman, as a part of the Obama Transition Team, was refused access to a number of the non-public OLC opinions.
As it happens I already asked that question and there seems to be no overwhelming reason to worry about those.
I digg you like an old soul record.
Thanks for the link.
Thanks to Shallow Waters for opening the digg.
Thanks ew.
This is a complicated question posed in the post. On the historic side likely are still secret waivers granted Sara Taylor in exchange for her slight admissions of politicizing DoJ; put anything with her name on it in the box; quarantine those emails, many of which did not surface to the public, but many textmessagelike did. Same for KRove, but guarantee extra protection for his work in legitimate political organizing capacity; make sure RIM itself is not subpoenaed. Coordinate with Genachowski the experienced communications law maven to assure the way is open to modernize fcc. NB: Already this brooks the chasm beyond transition. Fortunately, ample constitutional law expertise is coming onboard in WHC; protect them from HJC excesses in some distant future time. Develop ways to ameliorate some of the work Fielding and his cohorts brought to bear to prevent advisors’ testimony in the US attorney purge which so intrigued HJC. Any document with Fielding’s name on it goes in the box, plus those of his advisors in capacity fairly adjudicable as germane and likely subpoenable. Plus, tuck in the fileboxes whatever HarrietM produced in the periAlito nomination timeframe, simply to protect her associations back in TX after her career in the White House. A lot of material on evanesced tapes may go into the escrowed boxes; preferably try to make it millions of comms with selected gaps to complicate vetting. Anything with W’s name on it, send to SMU for the 12-year process.
Maybe OT, there might be some bulletins at the GU natseclaw site; one of the evidently current mentions there is to a Mukasey memo which MDog appears to be referencing, which I think is in the public sphere a while now, since the autumn.
Mike Connell another info-burying data point.
Dumping on NARA – whatever hasn’t already been crumpled, corrupted, zapped, burned, buried, pilfered, “lost”, blacked out, whited out, cut out, burned, ‘preserved’ on dissolving paper, tossed up in the air, un-indexed, “mis-indexed”, mal-indexed, never indexed, mislaid in someone’s briefcase, eaten by someone’s anaconda, used as toilet paper in the DoJ Voting Rights section, never returned from the cleaners, outsourced for analysis, left on a train, bunched & scrunched every which way but loose into substandard cardboard containers & left to mature in the elements – does not appear likely to end the handling problems with these records. Secret Steve reported on the NARA mess as recently as January 5.
Remember when the DoD put all the technical papers seized in Iraq up on the web for a couple of days? That’s not available under the Presidential Records Act — yet it appears that’s pretty much what NARA would have to do:
http://tinyurl.com/6sgq5n
so let george and dick throw their little hissy fit
just make sure we explain the law to the guy who runs the archives
come January 20th, there is a new sheriff in town
the archivist guy has to decide if he wants to take a felony conviction un order to protect george bush
let george “explain: his problem, then conduct an interview with the archivist guy and a LAWYER
once America hears george’s bullshit, and then has the LAW explained to them by the guy who would actually be convicted of george’s crimes, we’ll dispose of george’s objections REAL FUCKING QUICK
once Obama is innagurated, these wingnuts are gonna have to chose between AMERICA and george bush
support the fucking laws or get your slimy ass SPIT ON EVERY WHERE YOU GO
anybodyfeeling unpatriotic out there ???
ANYBODY GOT A PROBLEM WITH UPHOLDING THE CONSTITUTION OF THE UNITED STATES
gonna be awful easy to wipe the repuglitard party off the map in 2010 if these stupid fuckers fail to remember how often the word “TRAITOR” crossed their lips in 2008
you questioned my patriotism pal, so why don’t you support AMERICA
If Obama fails to appoint multiple Special Prosecutors to run down the truth on multiple fronts, he will lose the American People.
9/11 and the wars that followed ARE NOT “old news.”
They are THE NEWS. All of it ties directly to the global depression and Middle East genocide with which we are presently faced. It’s ALL connected, and it all began as a grand conspiracy PRIOR to the start of the Bush Administration.
Obama knows this. He also knows their is no “Osama Bin Laden.” He’s clearly choosing to operate against what many of us perceive to be America’s best interest…THE TRUTH.
So whose interest is he actually beholden to if not ours?
Look no further than the CFR and those behind it.
M O S S A D
P R O P A G A N D A
RIGHT ON SCHEDULE:
http://www.guardian.co.uk/worl…..-gaza-tape
100% bullshit – guaranteed.
The man does not exist.
Only pre-employment question to archivist:
What exactly is it that makes you want to serve George Bush?
Schlozman calls it, “A member of ‘the team.’”
Evidently, Repugs are quite sports-minded.
The records I’m still most interested in are the RNC domain e-mails used by the White House throughout the Administration.
And those are the records that are still in limbo.
There has been repeated lip service that the WH is “working with” and “negotiating with” the RNC to recover those records. But that recovery is taking a gosh darned long time.
And I think that Waxman’s investigations and letters have solidly established that the RNC has custody of those emails.
So my question is, what is the status of those records. By definition of the PRA, many of those records are “Presidential Communications” created by White House aides on government time in furtherance of government activity. So those are covered records.
Are those records going to be silently shuffled into the 12 year lockbox? Or will Congress be able to seize them after January 20?
Just came to me:
And here is the followup:
Late to the party, and IANAL but- my reading of executive order 13233 seems to me to say that they don’t even have to put Sara or Monica’s names on the boxes of emails. The burden of proof that some particular email is relevant to some person or trial seems to me to be on the plaintiff. Additionally,(perhaps I should say Addingtonally) all Bush has to say is that he thinks some evidence is not germane and they don’t have to turn over anything. See if you agree: Executive order 13233. This is also the order that covers Vice Presidential papers, binds former and incumbent Presidents, and gives the Bush in certain cases, hiding spots forever, if Bush says so. I think.
I believe Bush 1’s papers are bundled into this, and rumor has it that Bush 2 moved his Texas State House Gubernatorial records to the National Archives.