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Those Evil Dems Are Preventing Bush from Archiving Properly

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facade.gifI 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]

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The Little Bomblet for Turdblossom in the New Rules

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Kagro has been tracking the passage of the new House rules package over at his new digs.

As he described earlier, John Conyers stuck something in the new rules that will allow the House Judiciary Committee to continue its lawsuit against Harriet Miers and Bolten to get their testimony in the US Attorney scandal.

One nice goody buried in the new House Rules package: the House will authorize the Judiciary Committee to continue its lawsuit seeking to enforce its subpoenas and contempt of Congress citations against Bush White House Chief of Staff Josh Bolten and former White House counsel Harriet Miers.

Technically, Miers and Bolten were in contempt of the 110th Congress. But with its adjournment, the 110th Congress no longer exists, so there’s nothing to be in contempt of, nor any plaintiff in the lawsuit. The courts had indicated that this might give them cause to moot the whole case and drop it. But the Rules package specifically authorizes the Judiciary Committee in the new 111th Congress to continue the suit. And we had earlier word that the 111th was considering reissuing those subpoenas.

And, as Kagro now points out (now that the rules have passed), there’s a little bomblet in there specific to Rove.

There’s one more juicy nugget in the rules package that just passed. Regarding the Judiciary Committe’s power to continue its suit against Miers and Bolten.

From Majority Leader Steny Hoyer’s fact sheet (PDF):

In addition, it authorizes the Judiciary Committee and General Counsel to add as a party to the lawsuit any individual subpoenaed by the Committee in the 110th Congress who failed to comply.

Who else was subpoenaed by the Judiciary Committee in the 110th Congress and failed to comply?

Karl Rove.

And Michael Mukasey.

Nice going, Chairman Conyers and Speaker Pelosi.

In other words, Rove–and Michael Mukasey, who refused to turn over documents particularly relating to the Siegelman prosecution–is about to get added to HJC’s lawsuit forcing him to testify before HJC in the 111th Congress.