Keeping History a Secret

By: Dale McFeatters

It may be an unworthy thought, but it seems that the Bush White House has taken advantage of the nation's preoccupation with other matters to slip a patently self-serving executive order past Congress and the public.

An executive order, quietly drawn up and quickly signed the night after its existence became public, gives President Bush the power to veto the release of any presidential documents from the archives of his predecessors, including his father.

Until this new order, presidential libraries and the National Archives were entitled to keep papers from public inspection for up to 12 years after an administration had left office, but after the 12th year they had to begin releasing the records, subject to certain security and privacy safeguards. There has been no indication that the former presidents or their archivists have had a problem with the act, and, in fact, the Reagan Library had planned to release 68,000 pages of documents last January. No one had a problem with the release until the Bush White House did.

However, the administration intervened three times to block the release and the new executive order makes that power permanent. The White House cites the new all-purpose justification of "national security" for any questionable conduct, but there are already safeguards in place to protect truly sensitive - as opposed to embarrassing, awkward or inconvenient - information.

It is not cynicism to note that many Bush appointees served in the Reagan administration and those officials are not anxious to have their conduct reviewed in the cold, clear light of hindsight. One of those officials is Vice President Dick Cheney, and the gossip in Washington is that vice-presidential papers were added to the executive order at the 11^th hour.

And it is not cynicism to note that this executive order gives President Bush the younger protective power over the documents of President Bush the elder. It also brings up the hypothetical situation where the incumbent could stop the disclosure of documents that his father wanted to release.

The opportunity for political mischief is obvious. If Democrats Bill Clinton and Al Gore decided to defend themselves against Republican charges they were soft on terrorism by ordering the release of documents outlining, for example, their efforts to snare Osama bin Laden, the Bush White House could simply veto the disclosure.

And it is not a stretch to wonder if this White House is up to something that it doesn't want known 12 years from now or anytime thereafter. The 1978 law that this order subverts was passed because of President Nixon's efforts to thwart public access to the seamier aspects of his tenure.

If invoked, this power will shut off any kind of meaningful, timely histories of the presidency. The White House notes that historians can sue to override a president's decision to withhold a predecessor's documents, but the plaintiff has to show "compelling circumstances" and the lawsuit would take both time and money.

Bush should reverse himself on this executive order, and if he doesn't, Congress should do it for him.