POGO and Allies Support Amending the Presidential Records Act
To:
- Chairman Darrell E. Issa
- Ranking Member Elijah E. Cummings
- House Committee on Oversight and Government Reform
- U.S. House of Representatives
- 2157 Rayburn House Office Building
- Washington, D.C. 20515
- BY FAX 202-225-3974 and 202-225-9852
Dear Chairman Issa and Ranking Member Cummings:
As groups dedicated to greater accountability and transparency in government, we write in support of the Presidential Records Act Amendments of 2011, H.R. 3071. This bill provides a framework for the assertion of privilege by a former president and clarifies the rights and obligations of the incumbent president and the Archivist of the United States in dealing with such claims.
Specifically, the bill imposes a time limit in which a former president must assert any claim of privilege upon a determination of the Archivist to make available to the public a record of that former president. The bill also establishes processes for managing the disclosure of records upon the assertion of privilege by a former president, and grants to the incumbent president the power to decide whether or not to uphold any privilege claim of a former president. Further, the decision of the incumbent president to release a document over a claim of privilege by a former president controls, absent a court order to the contrary.
In the absence of legislation like H.R. 3071, the process for dealing with claims of privilege by a former president has been left to the discretion of each incoming president through the issuance of executive orders. Those orders have varied widely, and have had an impact on the public’s access to presidential records. For example, President George W. Bush issued an executive order that permitted a former president to block the publication of any of his presidential records by the mere assertion of a privilege claim. By contrast, the executive order issued by President Obama gives to the incumbent president the final call on whether or not a claim of privilege will be asserted.
This legislation will ensure an orderly process for dealing with claims of privilege over the records of former presidents that affords the greatest degree of public access. The importance of presidential records cannot be overstated; they offer a unique window into our nation’s history and allow us to learn from our past mistakes. We therefore strongly support passage of H.R. 3071.
Finally, we note some have criticized the bill on the ground it creates a new, constitutionally- based privilege that former presidents may assert over the records of their presidency. We do not believe this accurately describes the legislation. To the contrary, H.R. 3071 merely provides a process by which a claim of privilege can be resolved within the executive branch, but does not itself recognize a new privilege.
Signed by:
- American Association of Law Libraries
- American Association of University Professors
- American Booksellers Foundation for Free Expression (ABFFE)
- American Historical Association
- American Library Association
- American Society of News Editors
- Association of American Publishers
- Association of Centers for the Study of Congress
- Association of Research Libraries
- Center for Media and Democracy
- Citizens for Responsibility and Ethics in Washington
- Electronic Frontier Foundation
- Government Accountability Project
- iSolon.org
- Knowledge Ecology International
- Mid-Atlantic Regional Archives Conference
- National Coalition Against Censorship
- National Coalition for History
- National Council on Public History
- National Security Archive
- OpenTheGovernment.org
- Organization of American Historians
- Project On Government Oversight
- Public Citizen
- Reporters Committee for Freedom of the Press
- Society for History in the Federal Government
- Society for Military History
- Society of American Archivists
- Society of Professional Journalists
- Special Libraries Association
- Utah Foundation for Open Government
- William A. Wise Law Library - University of Colorado Law School
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