I've previously written about Bush's Executive Order 13233 from Nov, 2001. This order is about releasing presidential records and some have said basically overturned the Presidential Records Act of 1978.
The NY Times had an Op-Ed today on this today. Kitty Kelly explains that "a former president's private papers can be released only with the approval of both that former president (or his heirs) and the current one" where previously "all papers, except those pertaining to national security, had to be made available 12 years after a president left office."
Section 8 of the order says "a former President or the incumbent President may request withholding of any privileged records not already protected from disclosure under section 2204" which seems to be an expansion though section 2 cites some Supreme Court cases and other parts of US Code that provide a basis for this. But as I read 13233, all of this only applies during the 12 year period and doesn't change anything after the 12 years, so it doesn't read like a big change. But I must be missing something. Kelly says "Now, however, Mr. Bush can prevent the public from knowing not only what he did in office, but what Bill Clinton, George H. W. Bush and Ronald Reagan did in the name of democracy." She explains that Reagan's term was over 12 years ago but is grandfathered on a technicality. She says, "George W. Bush and his father can see to it that their administrations pass into history without examination." Ok, so does 13233 only apply for a 12 year term or not?
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