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Setting the Record Straight Re: Bill's Papers

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Sat Nov 03, 2007 at 07:14:44 PM PST

I've been following the attacks on Hillary over the release of Bill's documents by the National Archives, and I touched on it a little the other day in a diary I posted here.   This all started when Russert (true to form) waived a 13 year old - routine - letter in front of everyone and asked Hillary WHY she and Bill were refusing to release his presidential papers before next year's elections.

I thought it’d blown over by now.  Then I ran across an LTE – a so-called open-letter to Hillary by Iowa Attorney General Tom Miller, (who also happens to be Co-Chair of Obama’s Iowa campaign).  Now granted, the folks in Obama’s camp have every right to make their case, but this guy is the Attorney General for the State of Iowa for cryin’ out loud!  Someone who makes it to that level of the law should be well aware of how things work with the release of Presidential papers and if he wasn’t before – I doubt seriously he would have gone ahead with this sort of an LTE without researching things at least a little.

We’re talking a serious disconnect from reality here folks – make the jump for more...

November 3, 2007

Dear Senator Clinton:

Yesterday, it was reported that the Clinton presidential library will not release the public schedules from your tenure as First Lady until late January - several weeks after Iowa Democrats have participated in the January 3rd caucuses.  Other records documenting your time in Washington won’t be made public until long after millions of Democrats have cast their vote to choose our nominee, because of the request to have documents reviewed by Bruce Lindsey prior to their release.

Throughout this campaign, you have repeatedly emphasized your experience as First Lady.  However, by refusing to authorize an expedited release of the records from your time in Washington, you are preventing the Iowa voters from thoroughly reviewing that experience.

snip

We’re backing Barack Obama because he has repeatedly demonstrated a commitment to a transparent government.  That’s why he has released his personal income tax returns, made his Senate appropriations earmarks public, and led the effort to establish a "Google for Government" initiative that requires the entire federal budget to be posted online in a publicly available and searchable format.

snip

Sincerely,
Iowa Attorney General Tom Miller, Co-Chair of Obama’s Iowa campaign
Linn County Supervisor Lu Barron

I’m sorry but there is a serious difference between releasing millions of pages of documents that need to be reviewed nine ways to Sunday, and a set of someone’s freakin’ tax returns!

Bill’s had a few things to say about all this nonsense...

Ok I've been messing with this for the last hour and for some reason, the source code for embedding the video clip I have can't get through the publishing set up here.  There's a really great video at THIS LINK.  Please check it out - Bill makes a compelling case for how hard he & Hillary have pressed to get his presidential papers released sooner rather than later.
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One more time: GO TO THIS LINK TO SEE WHAT BILL HAS TO SAY
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Lastly, I received the following information from Bruce Lindsey, who serves as Bill Clinton's Records Representative which totally sets the record straight here.

Statement Regarding Clinton Presidential Records
Bruce Lindsey
William J. Clinton Records Representative
November 2, 2007

In the last few days, there have been several inaccurate reports regarding Clinton Presidential records, including reports that have misconstrued a 2002 letter President Clinton sent to the National Archives easing the restrictions on his presidential records.

I want to ensure that the record is clear that:

* By law, the Clinton presidential records are under the control of the National Archives and Records Administration and are subject to the same rules and regulations as the papers of every president elected since 1978.

* Bill Clinton has not blocked the release of a single document from his Library.

* Bill Clinton has actively encouraged the National Archives to release more policy and substantive presidential records sooner than any other president subject to the Presidential Records Act.

* Contrary to recent reports, Bill Clinton has not asked that records related to communications with Senator Clinton be withheld.

* In his 2002 letter to the Archives, Bill Clinton authorized NARA to release substantive policy materials that involve confidential advice from his advisors, including Senator Clinton. No other President subject to the Presidential Records Act has authorized such a broad release. He has designated a subset of these materials (including, among others, negative or derogatory information about individuals involved in the appointment process, confidential foreign policy communications, and communications between the President and Vice President, First Lady, or former presidents or vice presidents) that should be reviewed prior to release. Documents in these categories have been released and are readily available in the Library at this moment.

* There are over 100 million pages of materials at the Library - and the Archives is required by law to review each page before it is released.

* The Archives is in the process of making records available as quickly as they can -- over 1 million pages of the Clinton Administration records have already been released, including Health Care Task Force records.

* Now that Clinton presidential records are subject to FOIA requests, which NARA must by law address, it has devoted significant resources to that task. There are approximately 300 FOIA requests, involving 10.5 million pages, pending at the Clinton Library and the Archives recently estimated that it would take the Archives approximately 5-6 months to process 10,000 pages responsive to one FOIA request.

Background On Clinton Presidential Records
Bruce Lindsey
William J. Clinton Records Representative
November 2, 2007
Background

The Presidential Records Act (PRA) is a post-Watergate statute that applies to the records of presidents elected since 1978.

The PRA defines which records are presidential records and provides that they are the property of the federal government to be administered by the National Archives and Records Administration (NARA).

NARA assumes custody and responsibility for control, preservation, and access to the records when the President leaves office.

* Under the PRA, presidents:

* name a personal representative(s) to exercise authority over his/her records in the event of his/her death or disability, and

* while in office, specify time periods up to 12 years to apply to 6 categories of information that may be restricted under the PRA, including national defense/foreign policy records, appointment records, records of confidential advice between the President and his advisers, etc.

* The Archivist determines if access to a presidential record is
restricted under the PRA (or FOIA), with a notification and review process during which the former and sitting president may raise any constitutional privileges.

*August 19, 1994 Letter from President Clinton to the Archives
In 1994, as provided in the PRA, President Clinton sent a letter to the Archives naming me and Hillary Clinton as his personal representatives in the case of his death or disability. Like Presidents Reagan and Bush before him, he authorized the Archives to limit access to the 6 categories of records for the permissible 12 years.

November 1, 2001 Bush Executive Order

The Bush Executive Order provided former presidents with the
independent right to assert any appropriate constitutional privileges over their records. It also extended - from 30 to 90 days - the time period former presidents have to review records that NARA proposes for release (however, this part of the Executive Order was struck down by a D.C. federal court on September 30, 2007).

On behalf of Bill Clinton, I publicly objected to the new Executive Order because Bill Clinton believes that these additional protections are unnecessary and inconsistent with the spirit of PRA.

November 6, 2002 Letter from Bill Clinton to the Archives
In 2002, Bill Clinton sent an "easing" letter authorizing NARA to
review and open policy-related documents containing confidential advice between himself and his advisers, including Senator Clinton. As Bill Clinton said in that letter: "My intent is to make available to the public as full a record as possible documenting the decision-making, policy-making, and appointment process of my Presidency by applying both the appointment and confidential advice restrictions as narrowly as possible."

No other president subject to the Presidential Records Act has
authorized such a broad release. (While former Presidents Reagan and Bush also have sent "easing" letters with respect to "routine" correspondence and "informational and factual" materials, these letters leave greater restrictions in place.) Bill Clinton's letter designates a subset of materials for review prior to release. Documents in the various listed categories in this letter are readily available in the Library at this moment, including those reflecting advice between President Clinton and his advisers.

January 20, 2006 - Clinton Records Subject to FOIA * Presidential records are not subject to FOIA for the first 5 years after a president leaves office.

* Bill Clinton specifically encouraged NARA to review and make public as many policy-related records as possible during those first five years (as opposed to simply releasing press releases and public speeches, which because of their ease of review, historically have been released first by the Archives).

* Under FOIA, the Archives must review all records covered by requests from the public and restrict access to any information contained in those records that is prohibited from release by FOIA (there are 9 such categories) or that are not subject to FOIA under the PRA.

* Currently, none of the FOIA requests NARA has processed and provided for my review involve Senator Clinton.

I hope this sets the record straight here folks.  If anything - the Clintons are doing far more than any other president has ever done to disclose their Presidential papers sooner rather than later.  In other words...

There’s no there there as far as those papers are concerned.

Tags: President, Hillary Clinton, 2008 elections, Bill Clinton, National Archives (all tags) :: Previous Tag Versions

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Permalink | 189 comments