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Case 1:01-Cv-02447-CKK Document 54 Filed 09/24/05 Page 1 of 24
Case 1:01-cv-02447-CKK Document 54 Filed 09/24/05 Page 1 of 24 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN HISTORICAL ASSOCIATION, et al., Plaintiffs, v. Civil Action No. 01-2447 (CKK) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, et al., Defendants. MEMORANDUM OPINION (September 24, 2005) I. Introduction Presently before the Court is a dispute over the relationship between an executive order issued by the president of the United States and a statute passed by Congress. Plaintiffs have asked the Court to find that the president has overstepped the limitations on his power by issuing an executive order that alters the terms of a statute. Plaintiffs1 have sued the National Archives 1Plaintiffs listed on the First Amended Complaint, filed July 2, 2004, are the American Historical Association, a nonprofit organization founded “for the promotion of historical studies, the collection and preservation of historical documents and artifacts, and the dissemination of historical research,” Stanley I. Kutler, Professor Emeritus of History and Law at the University of Wisconsin, the National Security Archive, a nongovernmental research institute and library, the Organization of American Historians, a nonprofit organization “devoted to promoting the study and teaching of American history,” Public Citizen, Inc., a public interest organization “dedicated to protecting the rights of members of the public as both consumers and citizens,” the Reporters Committee for Freedom of the Press, a nonprofit “association of reporters and editors dedicated to protecting freedom of the press,” and the American Political Science Association, “the world’s Case 1:01-cv-02447-CKK Document 54 Filed 09/24/05 Page 2 of 24 and Records Administration (“NARA”), and the Archivist of the United States,2 (“the Government” or collectively, “Defendants”), seeking access to presidential records of former President Ronald Reagan that they claim are being improperly withheld by the executive branch. -
Does the President Have Directive Authority Over Agency Regulatory Decisions?
Fordham Law Review Volume 79 Issue 6 Article 2 November 2011 Who's In Charge? Does the President Have Directive Authority Over Agency Regulatory Decisions? Robert V. Percival Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Robert V. Percival, Who's In Charge? Does the President Have Directive Authority Over Agency Regulatory Decisions? , 79 Fordham L. Rev. 2487 (2011). Available at: https://ir.lawnet.fordham.edu/flr/vol79/iss6/2 This Symposium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. WHO’S IN CHARGE? DOES THE PRESIDENT HAVE DIRECTIVE AUTHORITY OVER AGENCY REGULATORY DECISIONS? Robert V. Percival* Most regulatory statutes specify that agency heads rather than the President shall make regulatory decisions .1 Yet for more than four decades every President has established some program to require pre-decisional review and clearance of agency regulatory decisions, usually conducted by the Office of Management and Budget (OMB).2 On January 18, 2011, President Barack Obama joined his seven predecessors in expressly endorsing regulatory review when he signed Executive Order 13,563.3 President Obama’s regulatory review program generally emulates those of his two most recent predecessors, relying on OMB’s Office of Information and Regulatory Affairs (OIRA) to review only the most significant agency rulemaking actions.4 Although this form of presidential oversight of rulemaking is now well established, an important, unresolved question is whether the President has the authority to dictate the substance of regulatory decisions entrusted by statute to agency heads. -
Society of American Archivists Council Meeting Minutes May 22 – 24, 2014 Chicago, Illinois
Society of American Archivists Council Meeting Minutes May 22 – 24, 2014 Chicago, Illinois Agendas and background materials for SAA Council meetings are publicly available via the SAA website at: http://www2.archivists.org/governance/reports. Each Council meeting agenda comprises Action Items, Discussion Items, and Reports and the number/letter in the minutes (e.g., II.A.) corresponds to an item listed on the agenda. The minutes summarize actions taken and the outcomes of discussions. Reports generally are not summarized in the minutes (with the exception of the Executive Committee report, which details interim actions of the Executive Committee and Council), but provide a wealth of information about the work of appointed and component groups and the staff. To view the reports–and all other background materials–see the SAA website. President Danna Bell called the meeting to order at 5:45 p.m. on Thursday, May 22. Present were Vice President Kathleen Roe; Treasurer Mark Duffy; Executive Committee Member Bill Landis; and Council members Terry Baxter, Geof Huth, Elisabeth Kaplan, Michelle Light, Lisa Mangiafico, Tim Pyatt, and Tanya Zanish-Belcher. Council member Helen Wong Smith participated in the mega issue discussion via conference call but otherwise did not attend. Staff in attendance were SAA Executive Director Nancy Beaumont, Publications Director Teresa Brinati, Finance and Administration Director Peter Carlson, Education Director Solveig De Sutter, Program Coordinator René Craig, and, for a portion of the meeting, Web and Information Systems Administrator Matt Black. Also in attendance: Dennis Meissner, who will serve as SAA Vice President beginning in August 2014. I. COUNCIL BUSINESS I.A. -
Transparency in the First 100 Days: a Report Card
transparency i n t h e first 100 days: a report card Liberty & National Security Project Brennan Center for Justice at New York University School of Law INTRODUCTION .................................................................................................................................. 1 A NOTE ON METHODOLOGY .......................................................................................................... 2 THE FIRST 100 DAYS.......................................................................................................................... 3 I. OPEN GOVERNMENT.................................................................................................................... 3 1. “Day One” emphasis on transparency............................................................................. 3 2. Restoration of presumption of disclosure under FOIA................................................ 4 3. Approach to public participation in policy-making ....................................................... 5 4. Support for the media’s right to report............................................................................ 6 II. PRESIDENTIAL RECORDS AND COMMUNICATIONS ............................................................. 8 5. Initiation of settlement talks in White House e-mails litigation................................... 8 6. Settlement in litigation over White House aides’ congressional testimony..............10 7. Executive order limiting former presidents’ ability to withhold records..................11 -
UNCLASSIFIED US Department of State Case No. F-2016-07895 Doc
Obtained via FOIA by Judicial Watch, Inc. UNCLASSIFIED U.S. Department of State Case No. F-2016-07895 Doc No. C06162980 Date: 09/26/2018 Re: Office of Civil Rights To: Cheryl Mills RELEASE IN PART 86 86 Subject: Re: Office of Civil Rights He could but I doubt he would. UNCLASSIFIED U.S. Department of State Case No. F-2016-07895 Doc No. C06162980 Date: 09/26/2018 Obtained via FOIA by Judicial Watch, Inc. UNCLASSIFIED U.S. Department of State Case No. F-2016-07895 Doc No. C06162981 Date: 09/26/2018 Can I call Harold Koh and Eric Goosby? To: Cheryl Mills ...______ ____, RELEASE IN PART 86 B6 Subject: Can I call Harold Koh and Eric Goosby? I'll be home in ten minutes if you want to talk. UNCLASSIFIED U.S. Department of State Case No. F-2016-07895 Doc No. C06162981 Date: 09/26/2018 Obtained via FOIA by Judicial Watch, Inc. UNCLASSIFIED U.S. Department of State Case No. F-2016-07895 Doc No. C06162982 Date: 09/26/2018 Office of Civil Rights From: Cheryl Mills RELEASE IN PART 86 86 To: Hillary Clinton [email protected] Subject: Office of Civil Rights Before I mention to D as something perhaps worth exploring- do you think this is a role he can fulfill? Office of Civil Rights At the Department of State, diversity is not just aworthy cause: it is abusiness necessity. Diversity of experience and background helps Department employees in the work of diplomacy. The Secretary believes that diversity is extremely important in making the State Department an employer of choice. -
Globalizing Constitutional Moments? a Reflection on the Japanese Article 9 Debate
University of New South Wales Law Research Series GLOBALIZING CONSTITUTIONAL MOMENTS? A REFLECTION ON THE JAPANESE ARTICLE 9 DEBATE ROSALIND DIXON AND GUY BALDWIN [2017] UNSWLRS 74 UNSW Law UNSW Sydney NSW 2052 Australia E: [email protected] W: http://www.law.unsw.edu.au/research/faculty-publications AustLII: http://www.austlii.edu.au/au/journals/UNSWLRS/ SSRN: http://www.ssrn.com/link/UNSW-LEG.html GLOBALIZING CONSTITUTIONAL MOMENTS? A REFLECTION ON THE JAPANESE ARTICLE 9 DEBATE Rosalind Dixon* & Guy Baldwin** US scholars have developed a rich toolkit for analyzing informal, as well as formal, processes of constitutional change. A leading example is Bruce Ackerman’s theory of “constitutional moments”. Comparative constitutional scholars, in contrast, have given relatively little attention to the legitimacy of informal modes of constitutional change. This article contributes to filling this gap in our understanding of informal constitutional change outside the US, by analyzing recent attempts by Shinzo Abe’s LDP government informally to amend or “reinterpret” Japan’s pacifist Constitution. Attention to the Japanese experience in this context reveals superficial indications of an actual constitutional moment, but also a lack of true democratic support for such change. This, the article suggests, further helps reveal an important, though largely unstated, precondition for the application of Ackerman’s theory – i.e. that there must be meaningful competition between political parties, in the legislature and at national elections, before informal constitutional change can legitimately occur. Bruce Ackerman has famously suggested that the US Constitution can be amended by both formal and informal constitutional means.1 Basing his analysis on US history, Ackerman argues that several transformative constitutional changes have occurred outside the text of the Constitution, and the formal requirements for amendment under Article V. -
Consolidation of Power: the Use of Executive Orders, Proclamations and Signing Statements During the George W
EIU Political Science Review Anderson Consolidation of Power: The use of executive orders, proclamations and signing statements during the George W. Bush Presidency Steve Anderson Introduction Like other Presidents before him, George W. Bush used his executive authority to craft policy both domestically and internationally. During both of his terms, he issued executive orders, executive proclamations, and used signing statements as a way to influence policies and assert the authority of the executive branch. Over the course of his two terms in office, President Bush was dealt a series of challenges, including terrorists attacks, war, and natural disasters. His use of executive power has changed the federal government and expanded executive authority. These were not without controversy, as some of his decisions have been met with criticism, legal challenges, and the repeal of some executive orders by his successor, President Obama. Researching the use of these executive tools helps to understand how the executive branch operates within and how it affects other branches and departments of the federal government. These actions of the executive branch can have profound consequences, such as Lincoln’s Emancipation Proclamation of Franklin Roosevelt’s order to place Japanese-American citizens in internment camps. In studying President Bush’s use of signing statements, executive orders and proclamations, I plan to analyze the number of orders and proclamations, how they affected the scope of his authority, and how it was received by Congress and the courts. An executive order can be described as a rule or order issued by the president to an executive branch of the government having the force of law. -
In the United States District Court for the District of Columbia
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN HISTORICAL ) ASSOCIATION, et al., ) ) Plaintiffs, ) ) v. ) No. 1:01CV02447 (CKK) ) THE NATIONAL ARCHIVES AND ) RECORDS ADMINISTRATION, et al., ) ) Defendants. ) ) PLAINTIFF PUBLIC CITIZEN’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT ON COUNT TWO OF THE AMENDED COMPLAINT INTRODUCTION This motion concerns the public’s right of access to 11 specific documents that are part of the historical records of the administration of the late President Ronald Reagan, who left office more than 15 years ago. The Presidential Records Act (“PRA”) protects records containing confidential communications among the President and his advisers for 12 years after the President’s term ends, but provides that such records must thereafter be made public upon request, unless the release of a particular record would violate the Constitution. Accordingly, despite delays occasioned by President George W. Bush’s issuance of Executive Order 13,233, since the expiration of the 12-year period tens of thousands of records containing confidential communications within the Reagan White House about issues of the greatest sensitivity have been released to the public. The 11 documents at issue here, however, have been withheld because President Reagan’s representative has purported to assert executive privilege to bar their release. The documents, which range in age from almost 16 years to nearly 22 years and concern subjects as diverse as Mrs. Reagan’s use of military aircraft, international economic issues, planning, litigation, the President’s AIDS Commission, the Iran/Contra affair, presidential pardons, and (ironically) executive privilege, appear to have been arbitrarily singled out by the former President’s representative from a host of similar documents that have been released to the public. -
Case 1:17-Cv-00458-RA Document 37 Filed 06/16/17 Page 1 of 6
Case 1:17-cv-00458-RA Document 37 Filed 06/16/17 Page 1 of 6 UNITED ST ATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, RESTAURANT OPPORTUNITIES 17 Civ. 458 (RA) CENTER (ROC) UNITED, INC., JILL PHANEUF, AND ERIC GOODE, Plaintiffs, - v - DONALD J. TRUMP, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE UNITED STATES OF AMERICA, Defendant. MOTION FOR LEA VE TO FILE BRIEF OF SCHOLAR SETH BARRETT TILLMAN AS AMICUS CURIAE IN SUPPORT OF THE DEFENDANT Robert W. Ray Thompson & Knight LLP 900 Third A venue 20th Floor New York, NY 10022 Tel. No.: 212-751-3347 [email protected] Josh Blackman Admission pro hac vice pending 1303 San Jacinto Street Houston, TX 77002 Tel. No.: 202-294-9003 [email protected] Counsel ofRecord Case 1:17-cv-00458-RA Document 37 Filed 06/16/17 Page 2 of 6 Scholar Seth Barrett Tillman, an American national, is a member of the regular full time faculty in the Maynooth University Depaiiment of Law, Ireland. Tillman hereby moves, through counsel, for leave to file the accompanying amicus brief (attached hereto as Exhibit A) in the above-captioned case in support of Defendants' Motion to Dismiss (ECF No. 35). Plaintiffs consented to the filing of this brief. Defendant took no position. Fifteen years ago, then-Judge Ali to identified three different types of amici: Some friends of the court are entities with particular expertise not possessed by any party to the case. Others argue points deemed too far-reaching for emphasis by a party intent on winning a particular case. -
Attached List of Organizations RE: Presidential Records DATE
TO: Transition Team FROM: Attached List of Organizations RE: Presidential Records DATE: November 12, 2008 The records of former presidents are critical resources for the public to understand our nation’s history and role in the world. An accurate and complete historical record of presidential decision-making is vital to our free democratic society. In a statement that is now inscribed at the entrance to his Presidential Library, President Harry Truman said: “The papers of the Presidents are among the most valuable sources of material for history. They ought to be preserved and they ought to be used.” To ensure an accurate documentary history, the Presidential Records Act (PRA), 44 U.S.C. §§ 2201-2207, made clear that records of the president belong to the public and are not the property of the outgoing president as he or she leaves office. The PRA created a framework for public access to the records. However, in 2001 President Bush issued an executive order that severely compromised the public’s interest in historical presidential records and reverted to a regime under which a former president may continue to exert ownership in the records, including through his or her descendents. That order purported to create new constitutional privileges to prevent disclosure and to grant authority to block release of records to individuals who never served in an elected office. The Bush order attempted to override the orderly process established by the PRA and regulations of the National Archives and Records Administration (NARA) and created excessive delays that a court subsequently ruled illegal.1 Aside from the executive order that undermines the legal framework, every White House that has used email to communicate has struggled to adequately preserve and archive its email records, even as email has replaced paper records as the primary means of communicating within the White House. -
Q & A: Rodearmel V. Clinton
Q & A: Rodearmel v. Clinton Q: Why is Hillary Clinton ineligible to serve as Secretary of State? A: The Constitution’s “Disability Clause,” also known as the “Emoluments Clause” (Article 1, Section 6, Clause 2), states: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time. The Constitution thus prohibits members of Congress from being appointed to a civil office (such as a cabinet post) during the term for which they were elected (even if they have resigned), if the salary for that post was increased during that term. The salary for Secretary of State has been increased three times during Mrs. Clinton’s second elected term, therefore she is not eligible for that office until her term expires in January 2013. Q. Didn’t Congress fix this problem when it voted on December 10, 2008 to lower the Secretary of State’s salary to the level it was at the beginning of Mrs. Clinton’s second term? A. This “work-around” is not authorized by the Constitution. Other clauses do provide for removing a Constitutional ineligibility by Congressional action. For example, Art. 1, Sec. 9, Cl. 8 provides that “no Person holding any Office of Profit or Trust under them [the United States] shall, without the Consent of the Congress, accept of any present, Emolument, Office or Title, of any kind whatever, from any King, Prince, or foreign State” (emphasis added). -
Testimony Before the Subcommittee on Information Policy, Census, and National Archives, House Committee on Oversight and Government Reform
Testimony Before the Subcommittee on Information Policy, Census, and National Archives, House Committee on Oversight and Government Reform Presented by Steven L. Hensen, Past President Society of American Archivists March 1, 2007 The Society of American Archivists (SAA) is the world’s largest organization of professional archivists, representing 4,800 members across the United States and in more than 20 nations. Archivists are the professionals who, among other things, are entrusted by society to ensure access to the records of the people’s government at all levels; to ensure the authenticity and integrity of those records; and to preserve and make accessible a credible and reasonably complete historical account of government and other aspects of society. In accordance with these archival principles and the ethical consequences stemming from them, SAA has spoken out frequently when public officials sought to delay or deny public access to their records. Thus it is not surprising that we would react when the records in question are those of the highest elected public office in the country—that of the President of the United States. In the wake of the 9-11 terrorist attack on the United States, President Bush issued Executive Order 13233, claiming national security concerns, among others. The national reaction to the order was swift and emphatic. A number of newspapers, magazines, and journals editorialized against it; organizations, historians, archivists, librarians, and civic activists from across the political spectrum issued statements denouncing the order; and lawsuits were filed. The House Committee on Government Reform, with broad bi-partisan sponsorship, approved legislation directed at overturning the order.