http://www.commondreams.org/views04/0423-03.htmGutting the 1978 Presidential Records Act
This effort began on November 1, 2001, when Bush issued Executive Order 13233. The Executive Order drew loud objections from not only historians and archivists, but also members of Congress -- who were highly critical of the Order in hearings. In the end, however, the Republican leaders quelled the grumbling, and Congress took no action.
The Executive Order gutted prior law -- specifically, the 1978 Presidential Records Act. The Order granted all former presidents, as well as any persons selected by them, an unprecedented authority to invoke executive privilege to block release of their records. In addition, it granted the power to invoke executive privilege to present and former vice-presidents as well.
Moreover, it shifts the burden to the requester to establish why he or she seeks the presidential records. (In contrast, the 1978 law properly put the burden on the former president who seeks to withhold them.) And Bush's Order empowers a current president to block release of a former president's records even when the former president wishes to release them. Finally, it makes the Department of Justice available to represent, in litigation, any incumbent or former president seeking to withhold information.
The public interest group Public Citizen filed a complaint in the U.S. District Court for the District of Columbia. Both sides have filed for summary judgment. So far, the court has not ruled.
Bush should lose the suit. A President should not be able to overturn a statute with an Executive Order -- especially when he is doing so in a self-interested bid to protect the secrecy of his own records.