Yesterday, President Obama issued an executive order on classified national security information that declared that “No information may remain classified indefinitely.” The order is “part of a sweeping overhaul of the executive branch’s system for protecting classified national security information,” which includes overturning Executive Order 13292 of March 25, 2003. That order, put in place by President George W. Bush, allowed the leader of the intelligence community to veto decisions by an interagency panel to declassify information. This order also establishes a new National Declassification Center at the National Archives (sec3.7) which, according to the AP is expected to speed the declassification of “more than 400 million pages of Cold War-era documents” that are currently backlogged.

For more background on the process for putting together this executive order, check out the National Security Archive's Unredacted Blog (also love their Document Friday!)

[Thanks Think Progress!]

A new CRS report analyzes President Obama's Executive Order 13489, which rescinds President G.W. Bush's E.O. 13233.

• Presidential Records: Issues for the 111th Congress, by Wendy R. Ginsberg, Congressional Research Service, R40238, February 17, 2009.

On his first full day in office, President Barack Obama issued an executive order (E.O. 13489), rescinding E.O. 13233, changing substantially the presidential record preservation policies promulgated by the George W. Bush Administration. E.O. 13489 grants the incumbent President and the relevant former Presidents 30 days to review records prior to their being released to the public. Under the policies of the Bush Administration, the incumbent President, former Presidents, former Vice Presidents, and their designees were granted broad authority to deny access to presidential documents or to delay their release indefinitely. Moreover, former Presidents had 90 days to review whether requested documents should be released.

Prior to President Obama's issuance of E.O. 13489, legislation was introduced in the 111th Congress (H.R. 35) that would statutorily rescind the executive order (E.O. 13233) issued by former President George W. Bush. E.O. 13233 allowed the incumbent President—as well as former Presidents whose records were affected—to withhold from public disclosure the records of former Presidents and Vice Presidents or to delay their release indefinitely under claims of executive privilege. In addition to statutorily overturning E.O. 13233, H.R. 35 would reduce the time a President would have review his records prior to their public release.

This report will analyze President Barack Obama's E.O. 13489, and discuss its departure from the policies of the previous administration. Additionally, this report will examine H.R. 35 and its possible legislative effects on the presidential records policies of the Obama Administration.

According to the National Coalition for History, President Obama Revokes Bush Presidential Records Executive Order.

The press release from the White House says the following:

“The Executive Order on Presidential Records brings those principles to presidential records by giving the American people greater access to these historic documents. This order ends the practice of having others besides the President assert executive privilege for records after an administration ends. Now, only the President will have that power, limiting its potential for abuse. And the order also requires the Attorney General and the White House Counsel to review claims of executive privilege about covered records to make sure those claims are fully warranted by the Constitution.”

UPDATE: Here is more: On Day One, Obama Overturns Era of White House Secrecy, By Mark Fitzgerald, Editor and Publisher, January 21, 2009.

In his first full day in office, President Barack Obama issued a memorandum ordering government agencies to examine Freedom of Information Act (FOIA) requests with a bias toward release of the documents -- overturning eight years of a Bush administration directives to find ways not to disclose information.

"For a long time now there's been too much secrecy in this city," Obama said. "The old rules said that if there was a defensible argument for not disclosing something to the American people, then it should not be disclosed. That era is now over. Starting today, every agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known."

The Dallas Morning News recently published quite a thorough article about the controversy surrounding Southern Methodist University (SMU) and their proposal to build/host the George W. Bush Presidential Library and policy institute. In a growing storm, the Society of American Archivists (SAA) has called on the University to reject the Bush library "unless the administration reverses an executive order that gives former presidents and their heirs the right to keep White House papers secret in perpetuity." Especially worrisome for SAA and other library and academic groups is a provision allowing a president's heirs to assert claims of executive privilege after his death, with no time limit.

SMU finds itself in the middle of a high-stakes battle for access to presidential records. After Bush signed Executive Order 13233, a still-pending lawsuit was brought by a group including the Society of American Archivists, watchdog group Public Citizen, the American Historical Association, the Organization of American Historians, the Reporters Committee for Freedom of the Press and the American Political Science Association.

Please read to the end of the article, as it includes a concise description of the Presidential Records Act and how it was changed by the Bush EO.

"SMU pressed to fight Bush's secrecy." The Dallas Morning News. Monday, February 5, 2007. Todd J. Gillman.

Editorial Observer: The George W. Bush Library: Scholarly Mecca or $500 Million Oxymoron?. Dorothy Samuels, New York Times, 1/28/07.

Here's an interesting little tidbit in today's NYT about Southern Methodist University (SMU) -- where Laura Bush sits on the Board of Trustees -- and their plan to host the George W. Bush Presidential Library and Policy Institute (similar to the Hoover Institution on War, Revolution, and Peace at Stanford University). There is growing concern within the SMU community that hosting Bush's library is not in keeping with the university’s scholarly mission, governmental integrity and the rule of law.

On 1/12/07, 68 theologians, professors and other past and present faculty members, citing complaints about President Bush's poor marks on civil liberties, the environment, gay rights and the war in Iraq, sent the university president a letter questioning whether visions of the library were "consistent with the school's religious and academic values." ("A Discordant Chorus Questions Visions for a Bush Library at Southern Methodist." Ralph Blumenthal, NYT 1/14/07 Subscription required to access the archives).

Samuels, the NYT editorial observer, is calling on the SMU trustees (hopefully Laura will recuse herself!) to withhold the final OK unless two basic conditions are met:

1. SMU should insist that Mr. Bush rescind Executive Order 13233, his 2001 directive that limits access to the records of former US Presidents.
2. The trustees should insist on disclosure of contributions to the library complex.

I think Samuels has the right idea. Nobody wants Bush's papers to end up in a black hole like the Nixon library, a private institute outside the NARA presidential library system where historians have struggled for years to gain access (see this article from the National Security Archives for more). Bush's papers should be under the control of a university in order to assure the widest public access and analysis by scholars. But she's also correct in calling for the university to set these conditions. What are the odds of Bush rescinding EO 13233?!

Starting in the new year, hundreds of millions of pages of classified government documents were automatically declassified (see FGI's previous post for background). You might assume that you should able to access these documents in the National Archives, but think again. Declassification is different from "release" so certain documents will remain classified and some documents will be withheld. This is the result of President Bush's Executive Order on Declassification (Exec order 13292) which has nine grounds for exemptions and various restrictions on the release of declassified documents.

Source: Alternet