Statement Regarding Clinton Presidential Records

Bruce Lindsey

William J. Clinton Records Representative

November 2, 2007

In the last few days, there have been several inaccurate reports
 regarding Clinton Presidential records, including reports that have misconstrued a 2002 letter President Clinton sent to the National Archives easing the restrictions on his presidential records.

I want to ensure that the record is clear that:

* By law, the Clinton presidential records are under the control of the National Archives and Records Administration and are subject to the same rules and regulations as the papers of every president elected since 1978.

* Bill Clinton has not blocked the release of a single document from his Library.

* Bill Clinton has actively encouraged the National Archives to release more policy and substantive presidential records sooner than any other president subject to the Presidential Records Act.

* Contrary to recent reports, Bill Clinton has not asked that records related to communications with Senator Clinton be withheld.

* In his 2002 letter to the Archives, Bill Clinton authorized NARA to release substantive policy materials that involve confidential advice from his advisors, including Senator Clinton. No other President subject to the Presidential Records Act has authorized such a broad release. He has designated a subset of these materials (including, among others, negative or derogatory information about individuals involved in the appointment process, confidential foreign policy communications, and communications between the President and Vice President, First Lady, or former presidents or vice presidents) that should be reviewed prior to release. Documents in these categories have been released and are readily available in the Library at this moment.

* There are over 100 million pages of materials at the Library - and the Archives is required by law to review each page before it is released.

* The Archives is in the process of making records available as quickly as they can -- over 1 million pages of the Clinton Administration records have already been released, including Health Care Task Force records.

* Now that Clinton presidential records are subject to FOIA requests, which NARA must by law address, it has devoted significant resources to that task. There are approximately 300 FOIA requests, involving 10.5 million pages, pending at the Clinton Library and the Archives recently estimated that it would take the Archives approximately 5-6 months to process 10,000 pages responsive to one FOIA request.

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Background On Clinton Presidential Records

Bruce Lindsey

William J. Clinton Records Representative

November 2, 2007

Background

* The Presidential Records Act (PRA) is a post-Watergate statute that applies to the records of presidents elected since 1978.

* The PRA defines which records are presidential records and provides that they are the property of the federal government to be administered by the National Archives and Records Administration (NARA).

* NARA assumes custody and responsibility for control, preservation, and access to the records when the President leaves office.

* Under the PRA, presidents:

* name a personal representative(s) to exercise authority over his/her records in the event of his/her death or disability, and

* while in office, specify time periods up to 12 years to apply to 6 categories of information that may be restricted under the PRA, including national defense/foreign policy records, appointment records, records of confidential advice between the President and his advisers, etc.

* The Archivist determines if access to a presidential record is
 restricted under the PRA (or FOIA), with a notification and review process during which the former and sitting president may raise any constitutional privileges.

August 19, 1994 Letter from President Clinton to the Archives

In 1994, as provided in the PRA, President Clinton sent a letter to the Archives naming me and Hillary Clinton as his personal representatives in the case of his death or disability. Like Presidents Reagan and Bush before him, he authorized the Archives to limit access to the 6 categories of records for the permissible 12 years.

November 1, 2001 Bush Executive Order

The Bush Executive Order provided former presidents with the
 independent right to assert any appropriate constitutional privileges over their records. It also extended - from 30 to 90 days - the time period former presidents have to review records that NARA proposes for release (however, this part of the Executive Order was struck down by a D.C. federal court on September 30, 2007).

On behalf of Bill Clinton, I publicly objected to the new Executive Order because Bill Clinton believes that these additional protections are unnecessary and inconsistent with the spirit of PRA.

November 6, 2002 Letter from Bill Clinton to the Archives

In 2002, Bill Clinton sent an "easing" letter authorizing NARA to
 review and open policy-related documents containing confidential advice between himself and his advisers, including Senator Clinton. As Bill Clinton said in that letter: "My intent is to make available to the public as full a record as possible documenting the decision-making, policy-making, and appointment process of my Presidency by applying both the appointment and confidential advice restrictions as narrowly as possible."

No other president subject to the Presidential Records Act has
 authorized such a broad release. (While former Presidents Reagan and Bush also have sent "easing" letters with respect to "routine" correspondence and "informational and factual" materials, these letters leave greater restrictions in place.) Bill Clinton's letter designates a subset of materials for review prior to release. Documents in the various listed categories in this letter are readily available in the Library at this moment, including those reflecting advice between President Clinton and his advisers.

January 20, 2006 - Clinton Records Subject to FOIA

* Presidential records are not subject to FOIA for the first 5 years after a president leaves office.

* Bill Clinton specifically encouraged NARA to review and make public as many policy-related records as possible during those first five years (as opposed to simply releasing press releases and public speeches, which because of their ease of review, historically have been released first by the Archives).

* Under FOIA, the Archives must review all records covered by requests from the public and restrict access to any information contained in those records that is prohibited from release by FOIA (there are 9 such categories) or that are not subject to FOIA under the PRA.

* Currently, none of the FOIA requests NARA has processed and provided for my review involve Senator Clinton.

I just can't believe the way the press has twisted that 2002 letter around to suit their own agenda (ie to create a story where there is none).  

I hope this sets the record straight here folks.  If anything - the Clintons are doing far more than any other president has ever done to disclose their Presidential papers sooner rather than later.