I haven’t really said anything negative about President Obama or while he was President-Elect Obama. Mostly because I think he has done a pretty good job picking his cabinet and forming an effective transition of power. Yes, I questioned the potential naming of Leon Panetta as the head of the CIA. And I still think that it would be better to not have a reformed tax evader as the Secretary of the Treasury, but I defend his right as the Executive to make those choices.
I read today that President Obama is going to make Presidential Archives (stuff that was in the past protected by Executive Privelege) availabel by FOIA. I have to disagree. I think that this is one of those problems when you have a person come from the Legislative Branch without any Executive experience. In my opinion, President Obama needs to learn that he is part of the Executive Branch and he just gave away part of the Constitutional checks and balances.
I am all for transparency, but I really believe that he should defend his Executive Priveleges, they are there for a reason. If the Legislative branch wants them let them fight for them, and let the Judicial branch decide. The balance of power is maintained through the ages by these sorts of fighting.
Didn’t George Bush take steps to ensure that archives that could have been embarrassing or damaging to Bill Clinton were protected in such a way that they couldn’t be made public?
I think you are reading too much into this directive.
All he has done is ensure that the presumption is in favor of disclosure. Thus, rather than looking for any possible reason, no matter how tenuous, to prevent disclosure, the agencies are to cooperate with an eye towards disclosure absent a clear priviledge.
**Didn’t George Bush take steps to ensure that archives that could have been embarrassing or damaging to Bill Clinton were protected in such a way that they couldn’t be made public? **
Didn’t George Bush take steps to ensure that archives that could have been embarrassing or damaging to Bill Clinton were protected in such a way that they couldn’t be made public?
Didn’t George Bush take steps to ensure that archives that could have been embarrassing or damaging to Bill Clinton were protected in such a way that they couldn’t be made public?
Brick has it precisely right…under Bush, the default was privileged, unless required to disclose. Under Obama, the default is disclose unless it’s necessary to privilege the information. I don’t think Obama is going to reveal a bunch of classified info, but I am willing to bet that there is a great deal of interesting material for which the “executive privilege” label that was placed on it by the Bush admin would be more difficult to defend.
I understand what Brick is saying. My point is that I believe that it is an Executive Privelege. I think it is wrong for the Executive Branch to just give away their powers. I am not making this a political thing. I am not interested in protecting Bush, Clinton, Reagan, Obama…any of them. This is a separation of powers issue in my mind.
I understand that you see it as a separation of powers issue but I think you may want to re-think that. I think it is a public access issue. I don’t see this as a waiver of executive privilege but as an adjustment away from obstructing public access to government affairs. Were he to issue an order suggesting that Congressional subpoenas were to be treated with kid gloves or responded to with the presumption in favor of production, I would agree with you.
"I think it is wrong for the Executive Branch to just give away their powers. I am not making this a political thing. I am not interested in protecting Bush, Clinton, Reagan, Obama…any of them. This is a separation of powers issue in my mind. "
I don’t really see how Pres Obama is giving anything away. Executive privilege doesn’t automatically apply to everything the Executive Branch produces. If Congress wants something, they ask to see it, and the Executive has to invoke privilege. Then Congress or Special Prosecutor has to make a showing that the info is necessary.
Sounds like the President is just asking his administration to follow this procedure, instead of just declaring everything to be privileged as a default position.
I will have to think about what you and slowguy are saying. I am still inclined, I think, to be in favor of Executive privelege on this issue. If it wasn’t that big of a deal, than there is no reason to write an E.O. about it on the second day of office. Maybe it is as David in FL suggests and it is a political thing to give Rep. John Conyers an option to go after President Bush and VP Cheney. I don’t know. I agree that it is a public access issue, but in this case the public is through Congress.
Maybe I am just feeling cantankerous today…I don’t know.
"I am still inclined, I think, to be in favor of Executive privelege on this issue. If it wasn’t that big of a deal, than there is no reason to write an E.O. about it on the second day of office. "
I’m in favor of Executive Privilege as well. I just don’t think this E.O. does anything to weaken Executive Privilege as it is actually supposed to be implemented. I think it’s a big deal to sign this E.O. because it announces a departure from how the Bush administration viewed privilege, but I think that view was not in line with how privilege is really meant to exist.
