Fact checking the Boston Globe...

According to this Boston Globe article Bush signed an executive order which allows him to block the release of John Roberts memos from the Reagan administration. First some background.

The Presidential Records Act of 1978 (PRA) says that presidential records are not the property of the individual president, but after 12 years are public property. Within a 12 year period after the president leaves office, they are subject to requests for disclosure via the Freedom of Information Act, but the former and incubant presidents get to review the requests and potentially block the release by invoking executive privilege. it excludes some records such as those relating to national defence, appointments, trade secrets, advice between the president and his advisors and medical files. As near as I can tell, anything after 12 years after the last term in office is public property.

In 1989 Bush Sr enacted Executive Order 12667 which seems to be description of procedures to follow for review by the current and former presidents of any records disclosure so they can determine if they want to invoke executive privilege and block the disclosure. Doesn't seem to be anything big.

Then in November 2001 Bush Jr. enacted Executive Order 13233 which according to the Globe article "all but repealed the Presidential Records Act". But as I read it, it's not so bad. Section 6 explicitly calls out that it does not change Congress' rights to obtain access via section 2205 (2) (c) of the PRA which says "Presidential records shall be made available ... to either House of Congress ... if such records contain information that is needed for the conduct of its busines." Section 8 is troubling, it expands the records that the president may claim privilege for during the 12 year period to any record. Section 13 revokes Executive Order 12667, I'm not sure if that's at all significant.

H. R. 4187 was a bill in House in 2002 (search here for Bill Number H.R 4187 in the 107th congress) that would overturn Executive Order 13233, but it has gone no where (it's not law).

Whew, what a mess, why is this so difficult? So what does this all mean? Well according to the Globe article:

Bush's executive order said the ''incumbent president may assert any constitutionally based privilege" after the 12 years have lapsed to block the release of these files. Included among these many ''privileges" were ''records that reflect . . . legal advice or legal work."

But I don't think that's right, Section 8 I think only applies to before the 12 years are up.

Then again, the article says "the National Archives office said it was prepared to release thousands of pages of files from 1982-1986. But Bush's executive order did not permit their release until ''the incumbent president" can ''review all the records," the archivists said. And "Two White House lawyers have been sent to review the files." Reagan's term ended in 1988 so either they're wrong or I am.

If someone could clarify this, I'd appreciate it. Either way, according to the article "The White House has said the Reagan-era files will be released on or before Aug. 22" so this shouldn't be a big deal, unless of course they block the release.