President Bush issued an executive order Nov. 1 that will restrict the release of presidential papers in conjunction with the 1978 Presidential Records Act. Bush's order has been met with confusion and opposition from many scholars and historians nationwide.
The order could affect research projects completed at the University's Miller Center of Public Affairs, where scholars study presidential documents from past administrations. Anything that potentially restricts presidential materials is a problem for scholars, said Timothy Naftali, director of the presidential recordings project at the Miller Center. "I haven't met a presidential scholar yet who is pleased with the new executive order," Naftali said.
The PRA, enacted to settle a post-Watergate debate over the ownership of Richard Nixon's papers, states that all presidential and vice presidential papers are the property of the United States, and it delineates a procedure for all unclassified papers to be processed and released to the public 12 years after an administration ends.
However, Bush's order allows sitting presidents to label documents not already subject to exemption as "privileged" to prevent their release. Bush also extends authority to restrict the release of papers to the families of former presidents which could possibly put Bush in a position to control the release of his father's papers, said Bruce Craig, director of the National Coordinating Committee for the Promotion of History.
Former President Reagan's papers are the first to be governed by the PRA, and 68,000 pages became eligible for release in January this year. The documents were sent to Bush for review but he has not yet allowed their release.
The White House cited national security concerns in the wake of the Sept. 11 terrorist attacks as the prime motivation for the order, Craig said. But releasing documents pertaining to national security already is prohibited, so this explanation has sparked speculation among scholars about whether Bush has other reasons for issuing the order.
Kent Germany, assistant professor with the Miller Center, said a more cynical explanation is that Bush is trying to hide something that occurred during the Reagan administration or that he is trying to protect his own records in the future.
But Naftali pointed out that Bush is merely continuing the struggle between the executive and legislative branches that began in the 1970s when Congress appropriated the power to designate presidential materials as public property. The new order challenges an act of Congress and questions an issue of constitutional separation of powers.
Several scholars said they anticipate actions to contest the order. Craig stated that attorneys are currently preparing a lawsuit challenging the order, and Naftali said he expects it will reach the Supreme Court. Hearings that question the order also already are underway in the House committee for government reform, and Republicans and Democrats alike have urged the president to reconsider or rescind the order.
It is possible Congress will amend the original PRA to counter Bush's order.
Many scholars agree that it is too early to assess the impact of the order on the study of the American presidency. Questions remain as to the outcome of any future legal action or the extent to which the families of former presidents will exert their new authority.
Scholars have expressed general frustration over the order.
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