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Former presidents can't withhold records
AP on Yahoo ^ | 10/1/07 | Matt Apuzzo - ap

Posted on 10/01/2007 7:37:10 PM PDT by NormsRevenge

WASHINGTON - Presidents don't have indefinite veto power over which records are made public after they've left office, a federal judge ruled Monday.

In a narrowly crafted ruling, U.S. District Judge Colleen Kollar-Kotelly invalidated part of President Bush's 2001 executive order, which allowed former presidents and vice presidents to review executive records before they are released under the Freedom of Information Act.

By law, the National Archives has the final say over the release of presidential records and Kollar-Kotelly ruled that Bush's executive order "effectively eliminates" that discretion. It allows former presidents to delay the release of records "presumably indefinitely," she said.

The judge ordered the National Archives not to withhold any more documents based on that section of the executive order.

The ruling was made in a lawsuit filed by the American Historical Association and other organizations, which argued that Bush's Executive Order 13,233 was an "impermissible exercise of the executive power."

The judge dismissed most of the claims and sidestepped some of the loftier questions, such as whether the entire order was unconstitutional or whether former presidents can claim executive privilege as grounds for withholding documents.

Spokeswoman Emily Lawrimore said the White House was reviewing the opinion and considering its options.

Some historians and researches said the executive order delayed access to historical documents. The National Security Archive, a private group advocating public disclosure of government secrets, is awaiting the release of records that are being reviewed by former President Reagan's representatives. The average delay caused by a former president's review is nearly six months.

"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," said Meredith Fuchs, the counsel for the group. "Unless the executive order is reversed or withdrawn, decisions about the release of records from this administration may ultimately be made by the Bush daughters."

A bill that would overturn the order passed the House in March and is pending in the Senate.


TOPICS: Crime/Corruption; Government; Politics/Elections; Your Opinion/Questions
KEYWORDS: former; presidents; records; withhold

1 posted on 10/01/2007 7:37:15 PM PDT by NormsRevenge
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To: NormsRevenge

Bubba, call your office..........you know, the one in Harlem?........


2 posted on 10/01/2007 7:40:30 PM PDT by Red Badger (ALL that CARBON in ALL that oil & coal was once in the atmosphere. We're just putting it back!)
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To: Red Badger

Time to see all the pay-for-pardons records from BJs last days in the WH, if they haven’t been shredded already.


3 posted on 10/01/2007 7:44:03 PM PDT by Ron in Acreage (Conservative 1st, republican sometime)
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To: Ron in Acreage
Time to see all the pay-for-pardons records from BJs last days in the WH, if they haven’t been shredded already.

Slick willie is much to clever to leave a trail like that. There will be some connections, but it will all depend on what your definition of "is" is.

4 posted on 10/01/2007 7:49:16 PM PDT by MovementConservative (Terminate the Duke 88)
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To: NormsRevenge
The judge ordered the National Archives not to withhold any more documents.

Guess that means Sandy "Hamburgler" will be busy soon

5 posted on 10/01/2007 7:55:00 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: NormsRevenge

Judge Colleen Kollar-Kotelly

A Clinton Appointee.


6 posted on 10/01/2007 7:59:41 PM PDT by trumandogz
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To: MovementConservative
Slick willie is much to clever to leave a trail like that.

I don't think he's as clever as he's given credit for. It's just he has a lot of protection by the fellow travelers in the press corps and Hollywood.

I remember some guy from Hollywood on O'Reilly years and years ago claiming Clinton was one of the smartest presidents ever because of his ideas but when O'Reilly asked him for examples of this intelligence all the Hollywood big-wig could do was stammer.

This was back in the 1990's as far as I can remember during a week when the show was being done in L.A.

7 posted on 10/01/2007 8:01:40 PM PDT by Duke Nukum (He burns at the center of time and he sees the turn of the Universe.)
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To: NormsRevenge
Just one of the many time where jorge was pulling stuff from his behind. Could never understand the reason for the order.
8 posted on 10/01/2007 8:01:57 PM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: SandRat

The “clean-up” on aisle 14 has already been completed.


9 posted on 10/01/2007 8:24:40 PM PDT by khnyny (It is the mark of an educated mind to be able to entertain a thought without accepting it..Aristotle)
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To: andy58-in-nh

I forgot about this EO also. Specifically crafted to protect GHW Bush and Clinton.


10 posted on 10/01/2007 10:24:03 PM PDT by JerseyHighlander
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To: org.whodat

I am always amazed when people say that about the Bush and Clinton clans.

Ever heard of the little airport in Mena, Arkansas? There was this little CIA airplane smuggling weapons to the Contras in Nicaragua, then carrying cocaine on the return trip. Some of the cocaine went to the Governor’s Mansion, and the rest was couriered down to Texas.

No one, to my knowledge, has ever publicly stated who recieved the cocaine in Texas. But the then Vice President G. Bush (Senior) had been a past Director of the CIA. The connections between the two clans is strange. I’ve always suspected that the Clintons get away with slamming the Bushies only because they have no sense of shame.


11 posted on 10/01/2007 10:27:19 PM PDT by SatinDoll
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To: NormsRevenge

So now Klintoon’s going to have to release the information on Whitewater...and the Chinse contributions...and Castle Grande...and Vince Foster...and Travelgate...and Filegate...and, gee, I’ve lost track of them all.

They’re probably already destroyed.

Or in Sandy Burglar’s butt.

Or in the trunk of some car that is about to be crushed.


12 posted on 10/01/2007 10:49:31 PM PDT by TBP
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To: Ron in Acreage

FOIA requests out the wazoo. Let’s get as much on these things as we can while Hitlery’s running.


13 posted on 10/01/2007 10:50:44 PM PDT by TBP
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To: Ron in Acreage

I wonder if this includes BJ’s information on BJs.


14 posted on 10/01/2007 10:51:14 PM PDT by TBP
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To: NormsRevenge

So, can I take a stroll through the taxpayer-owned Ford Building now?


15 posted on 10/01/2007 10:54:40 PM PDT by Lancey Howard
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To: NormsRevenge

Executive orders have changed the law in the past, what makes this on different?


16 posted on 10/01/2007 10:55:51 PM PDT by ThomasThomas
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To: TBP
Or in Sandy Burglar’s butt.

I thought it was down his drawers - in any event TMI

17 posted on 10/01/2007 10:56:58 PM PDT by ninonitti
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To: SatinDoll

On another topic, did you happen to see this thread from about six weeks ago?

http://www.freerepublic.com/focus/f-news/1879860/posts


18 posted on 10/01/2007 10:58:53 PM PDT by Lancey Howard
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To: Lancey Howard

No, but it is an old story and one with which I am familiar. In 1992 I bought a video called “The Clinton Chronicles”. I showed it to many people. On it was the story of the Mena Airport and the connection between the Clinton and Bush clans.

I really, really, didn’t want to vote for Dubya, but I’m a faithful Republican, especially when considering who consists of the opposition.


19 posted on 10/02/2007 2:59:34 PM PDT by SatinDoll
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To: SatinDoll

Sounds like we’re pretty much on the same page.

FRegards,
LH


20 posted on 10/02/2007 3:42:16 PM PDT by Lancey Howard
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