White House Wins Ruling On E-mail Records

An anonymous reader writes "The White House Office of Administration is not required to turn over records about a trove of possibly missing e-mails, a federal judge ruled Monday. The ruling by U.S. District Judge Colleen Kollar-Kotelly found the agency does not have 'substantial independent authority,' so it is not subject to the Freedom of Information Act."

Comments

Re:When did this change?

[TubeSteak]

From everything I've heard, it applies to all government agencies. Does this mean if a government office can make itself appear harmless enough, it doesn't have to cooperate?

"Sorry, I'm only the FBI director's SECRETARY. I don't have substantial independent authority." The FOIA does apply to all government agencies.
However, if the "agency" does not have "substantial independent authority" from the Executive, then it is not considered an agency for the purposes of the FOIA, it is considered a unit of the Executive Office.

Here's a 13 year old case that references even older cases supporting that interpretation
http://www.ll.georgetown.edu/federal/judicial/dc/opinions/93opinions/93-5411a.html

5 U.S.C. 552(f) (emphasis added). The Supreme Court has held thatSo while I agree with the watchdog organization Citizens for Responsibility and Ethics in Washington that "The Bush administration is using the legal system to prevent the American people from discovering the truth about the millions of missing White House e-mails," I'd have to say its pretty obvious that the Bush Administration is on sound legal footing when they do so.

Re:When did this change?

[TubeSteak]

Crap, I munged the quote somehow

Here's a 13 year old case that references even older cases supporting that interpretation
http://www.ll.georgetown.edu/federal/judicial/dc/opinions/93opinions/93-5411a.html

5 U.S.C. 552(f) (emphasis added). The Supreme Court has held that

"the President's immediate personal staff or units in the Executive Office [of the President] whose sole function is to advise and assist the President" are not included within the term "agency" under the FOIA. So while I agree with the watchdog organization Citizens for Responsibility and Ethics in Washington that "The Bush administration is using the legal system to prevent the American people from discovering the truth about the millions of missing White House e-mails"...

I'd have to say its pretty obvious that the Bush Administration is on sound legal footing when they do so.

Re:Wrong way around

[Kadin2048]

They already have. It passed the House by a veto-proof majority; one Senator is keeping it away from a vote in the Senate.

From the Wikipedia article on E.O. 13233:

On March 1, 2007, a subcommittee of the Committee on Government Reform held a hearing on bill H.R. 1255, the Presidential Records Act Amendments of 2007. At the hearing, several historians argued that Order 13233 has severely curtailed public access to presidential records and added to delays in obtaining materials from presidential libraries. The bill was reported favorably by the full committee, and on March 14, 2007, the House passed the bill in an overwhelmingly bipartisan vote of 333-93. The bill also passed on June 13, 2007 in a Senate committee, but as of March 2008 has not yet been brought up for floor consideration, reportedly due to a hold placed on the measure by Senator Jim Bunning (R-KY)[4]. President Bush has threatened to veto the bill, but the House vote marked a veto-proof majority and the Senate Committee passage was unanimous.

I wonder what he's getting in return for holding the party line until the destruction is a fait accompli?

Re:When did this change?

[fishbowl]

>Cheney says the office of the Vice President is not part of the Executive branch.

He is correct. The Vice President's primary duty is to serve as President of the Senate.