Luddly Neddite
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- Sep 14, 2011
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Obama to Bush: I Can Release Your Records. Don’t Like It? Sue. – Mother Jones
“[Obama]’s putting former presidents on notice that if you want to continue a claim of executive privilege that [Obama] doesn’t think is well-placed, you’re going to have to go to court,” says Anne Weismann, the chief counsel for Citizens for Ethics and Responsibility in Washington (CREW).
During the campaign, Obama promised to “nullify attempts to make the timely release of presidential records more difficult.” (A transition spokesperson promised Mother Jones essentially the same thing when we asked a few weeks ago.) That was a reference to former president Bush’s infamous Executive Order 13233, which gave current and former presidents and vice presidents, along with their heirs, unprecedented authority to block the disclosure of White House records. But Obama’s taken his campaign promise a step further. While revoking 13233, Obama has also put forth a far stricter interpretation of executive privilege:
[T]he Executive Order on Presidential Records brings those principles [of openness and transparency] to presidential records by giving the American people greater access to these historic documents. This order ends the practice of having others besides the President assert executive privilege for records after an administration ends. Now, only the President will have that power, limiting its potential for abuse. And the order also requires the Attorney General and the White House Counsel to review claims of executive privilege about covered records to make sure those claims are fully warranted by the Constitution.
“[Obama]’s putting former presidents on notice that if you want to continue a claim of executive privilege that [Obama] doesn’t think is well-placed, you’re going to have to go to court,” says Anne Weismann, the chief counsel for Citizens for Ethics and Responsibility in Washington (CREW).
During the campaign, Obama promised to “nullify attempts to make the timely release of presidential records more difficult.” (A transition spokesperson promised Mother Jones essentially the same thing when we asked a few weeks ago.) That was a reference to former president Bush’s infamous Executive Order 13233, which gave current and former presidents and vice presidents, along with their heirs, unprecedented authority to block the disclosure of White House records. But Obama’s taken his campaign promise a step further. While revoking 13233, Obama has also put forth a far stricter interpretation of executive privilege:
[T]he Executive Order on Presidential Records brings those principles [of openness and transparency] to presidential records by giving the American people greater access to these historic documents. This order ends the practice of having others besides the President assert executive privilege for records after an administration ends. Now, only the President will have that power, limiting its potential for abuse. And the order also requires the Attorney General and the White House Counsel to review claims of executive privilege about covered records to make sure those claims are fully warranted by the Constitution.