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ACCESS TO PRESIDENTIAL PAPERS
May 1, 2002
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| The 1978 Presidential Records Act was an important post-Watergate tool for keeping government accountable. The law opened presidential papers to the public and to scholars after 12 years. Before the law, presidential papers were considered the personal property of the president, who could do anything at all with them -- even burn the embarrassing stuff. The 1978 law changed that, facilitating access to documents that could illuminate decision-making processes that had occurred inside the Administration. This was enormously important for scholarship.
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The Society of Academic Authors invites members to comment on authoring issues:
editor@sa2.info. |
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In November 2001 President Bush signed an executive to limit access to presidential papers. The order was framed as an interpretation of the 1978 Presidential Records Act, but in fact the order nullifies the law. The Bush order stipulates that both former and current presidents have unlimited veto power over the release of presidential records. Attempts to overrule the veto require a "demonstrated, specific need" and a lengthy gantlet of appeals. Otherwise, the documents remain closed indefinitely.
The 1978 Presidential Records Act was an important turning point. Until then, presidential documents, which include any records produced by the president or his aides while in office, were considered to be the personal property of the president. The 1978 law said that the papers belong to the government and should go to the national
archivist. During the first five years, Congress, the courts and the incumbent president have access. After five years, access is restricted by regulations in the Presidential Records Act as well as the Freedom of Information Act to protect classified national security information, information about appointees to federal office, information regarding trade secrets, and communications between the president and presidential advisers. After 12 years, the records are fully available to the public, including scholars, of course, except for reasonable exemptions that are itemized in the Freedom of Information Act.
Most speculation on the President Bush's intent with his executive order has been unflattering. Critics have noted that the order gives the President the authority to seal documents that likely contain revealing conversations between former President Reagan and his vice president at the time, George Bush Sr. The current administration includes several Reagan aides, including U.N. Ambassador John Negroponte, who was ambassador to Honduras under Reagan; Secretary of State Colin Powell, who was Reagan's national security adviser; and Budget Director Mitch Daniels, who headed Reagan's White House Office of Intergovernmental Affairs.
President Bush's executive order that overrides the 1978 President Records Act came in the wake of the September 11, 2001, terrorist attacks. But the Bush administration, in fact, repeatedly had delayed releasing documents since it took office, claiming it needed time to establish a process for handling requests. The September 11 attacks provided Bush an opportunity to implement the far-reaching
policy change that nullifies the 1978 law.
Whatever the motivation behind the Bush executive order, it gives a president the opportunity to erect a blockade that stifles inquiry. This thwarts the pursuit of truth, contrary to the principles underlying a free and open society.
Even so, sensitive to the events of September 11th, scholars were slow to mount a protest. However, by mid-spring, six months later, a legal action challenging the executive order was filed by Stanley Kutler, a historian and law professor at the University of Wisconsin at Madison. Many right-minded academic organizations, including the Society of Academic Authors, supported the suit. In Congress, California Republican Stephen Horn sponsored a bipartisan bill to reaffirm the 1978 Presidential Records Act. The Horn bill had wide support among academic authors, including the Society of Academic Authors. |
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