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It seems to me we hear an awful lot of noise out of Congress lately about a sitting President claiming Executive Privilege. It makes sense to me for a President to have this power so those around him feel free to speak, but we are now learning that PRA protection extends to former First Ladies. Via Fox News:
Opposition researchers would love to get their hands on the nearly 2 million pages of off-limit documents generated by Sen. Hillary Rodham Clinton’s office during her eight years as first lady, but it’s not going to happen.
The Presidential Records Act allows federal archivists to censor the materials now at the William J. Clinton Presidential Library, The Los Angeles Times reports, because they contain confidential advice that is permitted to be kept secret at least until after the 2008 presidential election.
“Confidential advice that is permitted to be kept secret at least until after the 2008 election,”well that is convenient don’t you think? Does this mean that the day after the election for the highest office in the land , we will be made privy to this information?
More from the LA Times:
The healthcare papers that have been released contain gaps when it comes to the part played by Hillary Clinton. A number of records involving her have been kept secret because they include confidential advice between presidential aides. Among the withheld documents are memos about meetings between Hillary Clinton and Democratic Sens. Christopher J. Dodd and Joseph R. Biden Jr. — now her rivals for the Democratic presidential nomination.
Other records kept from public view include a 1993 memo to the first lady entitled “positioning ourselves on healthcare,” and another from that year called “public portrayal of the Medicare program.”
Information which is classified should be protected, but the next time I read or hear of an article condemning President Bush for exerting the powers of his office, these articles will be a reminder that the knife cuts both ways. Confidential advice is confidential advice and what is good for the goose is good for the gander.
However, if I were a candidate running against Mrs. Clinton, this would appear to reek of injustice. Everyone elses lives are laid out for the world to see but she receives special treatment due to her former status..boy the games we play nowadays with our elections.
I’ll ask the question which has been levied so often against the current administration. If you have nothing to hide Mrs. Clinton, why not release it all?
Just asking.
Written by Sue
Guss Says:
August 14th, 2007 at 5:36 pmVisit Guss
I had no idea that she invoked executive privilege. That’s awful.
Welcome back Sue.
Guss Says:
August 14th, 2007 at 5:41 pmVisit Guss
I think that Mr. Bush made it possible.
George W. Bush’s Executive Order 13233 has effectively eviscerated the PRA altogether. What the father failed to obtain with the overturned Bush-Wilson agreement, his son has won by presidential decree. The order allows former presidents and vice presidents, as well as their designated representatives or surviving families and heirs, to withhold materials by asserting executive privilege — no matter how arbitrary the claim.
Sue Says:
August 14th, 2007 at 5:56 pmVisit Sue
Thanks for the welcome back!
My point here is, if this is good enough for former Presidents, First Ladies and families, then it is certainly good enough for a sitting President.
No more whining from Congress on Executive Privilege then!
Every candidate who runs for public office has skeletons of some type in their closet, she will just be able to hide hers. What a shame.
By the way do you have a link for that Executive Order you commented on? Thanks.
Sue Says:
August 14th, 2007 at 6:19 pmVisit Sue
The reason I am asking for a link Guss is that I just read that Executive order and see nothing that pertains to records other than that of the President or Vice President to be protected. That means a survivor can protect under Executive Privilge the records of the President or VP but it does not protect family members. At least that is how I read it.
This will be interesting as it moves along.
Guss Says:
August 14th, 2007 at 7:08 pmVisit Guss
Sorry, I left the computer for a while. Here is the link.
http://en.wikipedia.org/wiki/Executive_Order_13233
Guss Says:
August 14th, 2007 at 7:10 pmVisit Guss
First link was wrong.
Sue Says:
August 14th, 2007 at 7:14 pmVisit Sue
Thanks Guss.
Checked out the link and reread the order again and no where do I see protection for the family..only for the President and Vice President, including former ones.
I am trying to find the paragraph you quoted in comment 2..perhaps I missed it at the link provided.
Again, thanks.
Guss Says:
August 14th, 2007 at 7:31 pmVisit Guss
http://ucblibraries.colorado.edu/archives/theirrecords.htm
Sorry I made a mistake. I’m sure that this is it.
Guss Says:
August 14th, 2007 at 7:33 pmVisit Guss
7th paragraphs from the bottom.
Guss Says:
August 14th, 2007 at 7:35 pmVisit Guss
Please don’t think I’m arguing the point. I just haven’t heard that she had claimed executive privilege.
~J~ Says:
August 14th, 2007 at 7:42 pmVisit ~J~
Is she asserting Executive Privilege or just giving the archives a directive that her papers cannot be released for a certain amount of time? An instance like this would be the Kennedy assassination, which was to be held in the archives for a certain amount of years before the public could see it. This was to protect the family from seeing autopsy reports published etc.
Sue Says:
August 14th, 2007 at 7:54 pmVisit Sue
Her information would be protected under the PRA or it would have to be released under the Freedom of Information Act is the way I read this.
If it protected information then it would be Executive Privilege under the act.
How this squares with the actual act itself as quoted in the article I do not know but even if she is not asserting this herself, then she could have the material released any time she wished.
Sue Says:
August 14th, 2007 at 7:57 pmVisit Sue
No Guss, I didn’t think you were arguing at all. I really appreciate the links as I am very interested in how Mrs. Clinton can manage to protect information which could be very important to those of us heading to a voting booth in 2008.
If the Executive Order for Privilige is written to protect spouses and family, then we have gone to far in my opinion but again, I did not see that in the order.
Guss Says:
August 14th, 2007 at 8:03 pmVisit Guss
Sue,
I’m so glad you’re back, now I can take a week off and politically unwind. It’s getting a little crazy and I just need some time away from it.
Sue Says:
August 14th, 2007 at 8:07 pmVisit Sue
Guss:
Don’t take a whole week off..I will miss you.
Try something other than politics for a while..I know I am weary of it all too.
How about one of those posts I love so much..you know the ones!
Sue Says:
August 14th, 2007 at 8:31 pmVisit Sue
I have retitled this post as I think that may have been where the confusion was..At no time did I mean to assert that Hillary Clinton herself had excersized Executive Privilege, just that her records were covered under the act.
Sorry for the confusion and hope this helps clear it up.
The question still arises as to why Mrs. Clinton would not direct that all infomation be released prior to the election. It is no more or less than would be expected of any other candidate.
Sue Says:
August 14th, 2007 at 10:08 pmVisit Sue
Well here is a decent explanation for how the strings are pulled in a situation like this:
“While former President Bill Clinton has authorized lots of the records regarding Hillary’s secret health care task force in 1993-94 to be publicly available, more than 1,000 pages have been censored, purportedly because they contain confidential advice protected under the Presidential Records Act.
But that act, amended by President Bush in 2001, makes it clear that the ex-president is the one who makes the call.
“Because the former President independently retains the right to assert constitutionally based privileges,” Bush’s order states, “the Archivist shall not permit access to the records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.”
Interesting and here is the executive privilege part:
“There’s no denying confidential conversations among presidential advisers, including a “co-president” first lady, are protected by executive privilege”
http://www.ibdeditorials.com/IBDArticles.aspx?id=271983072736809
Oh well, tomorrow is another day.
~J~ Says:
August 14th, 2007 at 10:38 pmVisit ~J~
Well, that’s clear as mud. Both presidents have to agree.