I’m not going to get all technical on everyone, but Bill and Hillary Clinton are absolutely right that they have no control over what information gets released from the archive of the Clinton administration. This is the dumbest accusation, that they are withholding things on their own will, I’ve heard so far this fall.
Now, I’m a huge Bill Richardson fan in this race, but I can certainly live with Hillary Clinton as POTUS, but if I hear that she and her husband are “holding back” records one more time…
Here’s the deal in as simple speak as I can put it.
First, a Presidential Library is not like a County Library. It is a depository built with private money that houses the public documents of a POTUS which are owned by the government. It’s not like a normal local library where the government owns the bricks and mortar and all the stuff in side. It’s not like a private library in the same sense. It is a building and facility that houses a collection that belongs to the National Archives, not the former President.
With me?
Now, the 1978 law says that the moment a President of the United States leaves office, he must turn over all documents and artifacts about his presidency to the National Archives. Of course, when he gets the funds raised privately for his library, all the stuff will go there…but it still belongs to, and is controlled by, the National Archives. When he is President, he can decide anything he wants to do with any of the stuff, including and up to shredding things, and risking obstruction of justice charges. An active administration is completely in charge.
Here’s where it gets tricky.
Before a POTUS leaves office he can make six broad areas off limits to the Freedom of Information Act for 12 years after he leaves office. Everything else is fair game. But in either case, the former POTUS has no bull in the ring…he can’t do squat after 12 years for his six things, or for any of the rest the moment the next POTUS takes office. And the new POTUS can’t do squat either.
Hello, folks, that’s the law.
If Bill Clinton ordered all files about his wife released tomorrow, he would have zero, ZERO a legal leg to stand on, and I would bet the Justice Department and every other Bush administration-tool in D.C. would come unglued over the fact HE CAN’T DO THAT! Bush will have his six areas shutup until 2021, well after Jeb gets elected after Hillary might have already served two terms, let’s say.
The POTUS, when he makes the executive order about his discretionary areas to put under the 12-year chastity belt, doesn’t even have to tell you what the topics are he’s protecting. So Bush is going to probably lock up all the oil industry stuff as he raises money for his library, let’s say.
See where this goes…
It would be hard core scary for both Clinton and Bush if some things weren’t protected just a little longer than other things.
But…but…BUT…even then, it’s the National Archive that decides, not the former POTUS or the “library.”
Which brings me to the last point…
The National Archive is a very cool tool in our operating system of government. It’s got the key to no peeky. It decides when the principals are dead enough, or national security is safe enough, or if it’s no longer political enough (of course, I’m sure they have consultants in government, duh), but they kind of just sit on things and understand it’s not this generation of historians who may get the scoop, but the next, or the ones after that.
Look at the Nixon stuff that just came out this week if you happened to catch the small blurb in the news. Kissenger was worried about Israeli nuclear weapons in July 1969 and the President thought about appointing “Deep Throat” to the head of the whole FBI. Goodtimes…almost 40 years later! That’s two generations.
So the next time you hear the Clintons are hiding something or are not releasing all the info, get a little pissy about it and cite the the Presidential Records Act of 1978 and act a little smug about it.
Personally, I think it is one of my little favorite things in how the system works, and I wish the Clinton campaign would try and explain it in a James Carville no bullshit way, which they seem highly incapable of at the moment.