Former Presidents Can't Withhold Records

[Didereaux]

Source: The Guardian -AP

WASHINGTON (AP) - 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.

Read more: http://www.guardian.co.uk/worldlatest/story/0,,-6963640,00.html

---

Of course, Prez Cheney will simply issue an Executive Order to ignore the lower courts ruling...

[Double T]

1. Former Presidents don't have the right to seal records indefinitely, BUT.........

current dictators do?

[Didereaux]

9. it appears a lot of the Bushreason for writing that order was...

...to protect Pappy, Dick Cheney, Don Rumsfeld, Paul Wolfowitz and Fief. What we are living through today viz a viz Iraq/Iran is directly traceable to things they set into motion during the Reagan and Bush 1 administrations.

[Double T]

21. SO TRUE! Iran-Contra was ONLY a very small part of the corruption started by THESE CRIMINALS.

[orleans]

23. so now it's time to file some freedom of information act requests

and go after that old bush bastard--STRIKE WHILE THE IRON IS HOT HOT HOT!

[Rosa Luxemburg]

28. protecting family interests

just like mafia

[Jax]

2. The Supremos will secure the b*sh terrorists records

no matter what. They are as complicit as the b*sh regime in their terrorism and crimes and general shitting all over the Constitution.

[indepat]

3. I wouldn't have put it as succinctly or gingerly

[MissWaverly]

15. Well, by the time it reaches the Supremes, he'll be gone

it won't be heard on the docket this year and the case would be at the end of next year's docket by that time it will be
Aloha, Mr. Bush.

[bemildred]

4. They are public records.

Former Presidents have no rights at all about what is to be done with them, nor should they.

[Doctor_J]

5. I can't believe we have to sue to read the papers of our ELECTED PRESIDENT.

god, when did this become a dictatorship?

[kestrel91316]

8. Oh, about 6 1/2 years ago. You're only now noticing?

[Imalittleteapot]

6. It's about time. Now,

let's watch a higher court unravel Judge Kollar-Kotelly's ruling.

[defendandprotect]

7. Well, it's good news for the moment . . ...

It's also my understanding that the Congress has the responsibility to ensure that the legislation passed is upheld according to the spirt and intent with which it was passed . . .

Therefore, signing statements should be out --

[Honeycombe8]

10. Of course this'll be appealed and go to the U.S. S.Ct. You know what that means....

it's been stacked by *-lovers, so.....la-de-da.

Maybe a miracle will happen and a Supreme Court Justice will do the right thing.

[flordehinojos]

11. there will be an unexplained library fire that will burn all of 41's papers and 43's too.

just like the unexplained library fire that burned all the papers for prescott bush.

[HuffleClaw]

16. seriously?

i'd not heard of that.

[flordehinojos]

35. seriously ...

when i made the post, i pulled from my recollection something i had read about prescott bush's papers being burned in some unexplained library fire ... i've not been able to find the particular article, quote, or book chapter where i'd read that ... but in Webster G. Tarpley's, "Bush, The Unauthorized Biography," I did find this paragraph which refers to Samuel P. Bush, Poppy's paternal grandfather:

"Most of the records and correspondence of Samuel Bush's arms- related section of the government have been burned, "to save space" in the National Archives. This matter of destroyed or misplaced records should be of concern to citizens of a constitutional republic. Unfortunately, it is a rather constant impediment with regard to researching George Bush's background: He is certainly the most "covert" American chief executive."

if you have not ready any of Tarpley's, "Bush, The Unauthorized Biography," this is the link. It is amazing how much of what Bush Jr. is doing today is not just a repeat of his father ... it is also a repeat of his grandfather's (Prescott Bush) ideology as if Prescott Bush died but not his brain which now lives through both Georges. I believe that Bush I is running the show for Bush II from some backdoor to the white house. Anyhow ... here is the link:

http://www.tarpley.net/bushb.htm#Table

[HuffleClaw]

38. i'm not suprised

though i've always wondered why jeb wasn't the one groomed for the presidency though i now suspect it was because papa bush knew that gw would be a lot easier to control like a puppet.

[Auntie Bush]

17. Is that how they got rid of all bush* records on his AWOL (Reserve) stint?

[Oldtimeralso]

18. 43's Library

It already got too hot in 43's library and all his crayons melted.

[Thor_MN]

12. About frickin time!!! IMO, Executive Order 13233 should have been an impeachable offense.

St. Ronnie's papers should have been released in January 2001. Since half of * appointees were about to have their crimes from the Reagan era exposed, Abu Gonzales fought a delaying action until they could come up with the piece of crap that * signed in Nov 2001, covering up the crimes of the Reagan cronies.

I want the Dem candidates to promise to overturn Executive Order 13233 on the steps of the Capitol, immediately after taking the oath of office, when the Reign of Terra is finally over.

[calimary]

13. I am glad to hear this. They're gonna have to deal with it.

I'm HOPING that SCOTUS doesn't go along with him when/if it gets kicked all the way up to them. Then again, this IS the SCOTUS with two bush appointees, so I'm not taking that to the bank. It's what they ought to do, if they give a damn about the law, the Constitution, the truth, and history. Then again, this IS the SCOTUS with two bush appointees...

[MilesColtrane]

14. Hopefully there are some reporters at the National Archives combing through...

...the BFEE papers right now.

Naw...who am I kidding?
Reporters? HA!

I crack myself up.

[orleans]

26. sounds like a job for....OLBERMANN'S STAFF!!! n/t

[rodeodance]

19. The White House did not immediately have a comment on the decision.---

[rodeodance]

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

does not elaborate.

[Tellurian]

25. I believe they will play the Nat'l Security card..

sensitive docs and that kind of tripe.. and that judge will be offed somewhere, never to be found again..

[Gregorian]

22. I've been wondering about this.

Weird, I was going to post this as a question.

Great. But they'll just use national security. Unless we have an honest president who won't let them hide behind it.

[whistle]

24. Who do they wish to nail on this one Bush II, Bush I or Clinton

...Carter has noting to hide and all of the other evil presidents are dead and so can't claim executive privilege. The only VP that has anything to hide is Cheney and he'll shot anyone to tries to get his records!

[Bennyboy]

27. There are Daddy Bush and Iran/Contra papers

in that bunch. Apparently quite incriminating. Of course Shrub will pardon Daddy, but maybe the truth will come out before Shrub leaves office and we can find out just how criminal these people are.

[LaStrega]

29. Well the (current) Supremos will have plenty of time to consider ...

this as they're all so un-busy declining to hear the appeal of a law concerning the banishment of Alabama sex toys.


Yes, that's still got my knickers in a bunch.

[MilesColtrane]

34. Up next:

Alabama makes washing machine spin cycles and detachable massaging shower heads illegal.

A prominent Alabama legislator was quoted as saying, "Them thangs ain't rite."

[cstanleytech]

30. But can

shrub order them not to be released himself or put a hold on them until he is out of office or even seal them for 100 years.
What exactly are the legal limits on what the current president can do to such past records of past presidents?

[Lasher]

31. Seven long years it took to get this ruling

By law the National Archives has the final say and Junior thwarted that by executive order. It's illegal to override laws by executive order.

This should have happened long ago. We'll see what else President Cheney will do to prevent release of the records. It would be a lot harder to perpetuate the Saint Ronnie of Reagan myths with the truth out there for all to see.

[Lugnut]

32. K&R n/t

[grasswire]

33. haven't they already been moved to the Bush library?

I thought so, anyway.

[Solly Mack]

36. gonna be some records - accidentally - go missing

[tanyev]

37. Good. Must be about time to release some of Reagan and Poppy's records.

Let's get a Dem in office in '08 to make sure it happens.