George W. Bush Presidential Records in Response to the Freedom of Information Act (FOIA) Requests Listed in Attachment A
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VIA EMAIL (LM 2018-087) June 26, 2018 The Honorable Donald F. McGahn, II Counsel to the President The White House Washington, D.C. 20502 Dear Mr. McGahn: In accordance with the requirements of the Presidential Records Act (PRA), as amended, 44 U.S.C. §§2201-2209, this letter constitutes a formal notice from the National Archives and Records Administration (NARA) to the incumbent President of our intent to open George W. Bush Presidential records in response to the Freedom of Information Act (FOIA) requests listed in Attachment A. This material, consisting of 68,581 pages and 22,837 assets, has been reviewed for the six PRA Presidential restrictive categories, including confidential communications requesting or submitting advice (P5) and material related to appointments to federal office (P2), as they were eased by President George W. Bush on November 15, 2010. These records were also reviewed for all applicable FOIA exemptions. As a result of this review, 37,404 pages and 7,903 assets in whole and 1,043 pages and 502 assets in part have been restricted. Therefore, NARA is proposing to open the remaining 30,134 pages and 14,432 assets in whole and 1,043 pages and 502 assets in part that do not require closure under 44 U.S.C. § 2204. A copy of any records proposed for release under this notice will be provided to you upon your request. We are also concurrently informing former President George W. Bush’s representative, Tobi Young, of our intent to release these records. Pursuant to 44 U.S.C. 2208(a), NARA will release the records 60 working days from the date of this letter, which is September 20, 2018, unless the former or incumbent President requests a one-time extension of an additional 30 working days or asserts a constitutionally based privilege, in accordance with 44 U.S.C. 2208(b)-(d). Please let us know if you are able to complete your review before the expiration of the 60 working day period. Pursuant to 44 U.S.C. 2208(a)(1)(B), we will make this notice available to the public on the NARA website. If you have any questions relating to this notification, please contact me at (202) 357-5144 or NARA General Counsel Gary M. Stern at (301) 837-3026. Sincerely, B. JOHN LASTER DIRECTOR Presidential Materials Division Enclosure ATTACHMENT A Case Number Topic Material Material Material Processed Restricted Proposed for Opening 2014-0109-F[2] Photos from 1/20/2001—1/31/2001 and 10,430 2,214 assets 8,179 assets in 1/19/2009—1/20/2009 assets in whole; 37 whole; 37 in part in part This researcher submitted a Freedom of Information Act (FOIA) request for all photographs taken 01/20/2001 to 01/31/2001 and 01/19/2009 to 01/20/2009. The George W. Bush Presidential electronic records proposed for opening in segment two of this FOIA include photographs of routine meetings with staff, cabinet members, and members of Congress; photo opportunities; phone calls to foreign leaders; and swearing-in ceremonies of staff and cabinet secretaries. Inauguration Day events from 2001 and 2009 are also depicted. Additional events from 2001 include portraits of President George W. Bush’s dogs Barney and Spot, a greeting with the presidential inaugural committee staff and transition staff, a White House open house and tour, an inaugural weekend brunch, a visit to the Washington National Cathedral and Lincoln Park United Methodist Church, a ceremony transmitting an education proposal to Congress, a visit to Merritt Elementary School and The Fisher School in Washington, D.C., remarks and the signing of Executive Order 13198 regarding faith-based and community initiatives, an address to the National Association of Wholesale Distributors, a meeting with Catholic charities, a portrait session with Mrs. Laura Bush, and decorators working in the Oval Office with Mrs. Bush. Events from 2009 include the presentation of the United States Mint's George W. Bush Second Term Medal, President George W. Bush and former President George H.W. Bush participating in an interview with historian Richard Norton Smith, staff preparing the Oval Office and other White House rooms for the new administration, and President George W. Bush, Mrs. Laura Bush and daughters Barbara and Jenna with White House residence staff. These materials are from the White House Photo System – Presidential Search and Access Set. Case Number Topic Material Material Material Processed Restricted Proposed for Opening 2014-0142-F[1] Records pertaining to the proposed dismissal 48,704 27,261 20,733 pages, 167 or replacement of United States Attorneys in pages; pages, 1,349 assets in whole; November and December 2006 1,522 assets in 710 pages, 6 assets whole; 710 assets in part pages, 6 assets in part This researcher submitted a Freedom of Information Act (FOIA) request for records pertaining to the proposed dismissal and replacement of United States Attorneys in November and December 2006. The George W. Bush Presidential textual records proposed for opening in segment one are production documents provided to Congress and the Department of Justice per subpoena requests. A vast majority of the production documents consist of routine email printouts from the Exchange Email system. Also present within the production documents are news articles and press releases, Congressional hearing transcripts, and several letters between White House officials and members of A-1 of A-16 Congress requesting information about the dismissed United States Attorneys, and correspondence from the Department of Justice describing its response to these requests. Statements and talking points and drafts thereof are included. The majority of these production documents are from the White House Counsel’s Office. Electronic records proposed for opening consist of news articles, press releases, and statements. Additionally, there are emails from United States Attorneys confirming their retirement and emails setting up swearing-in ceremonies for new federal employees. Also, there are letters and reports from the Government Accountability Office regarding federal vacancies and appointments as well as correspondence between White House officials and members of Congress. These electronic records are from the Exchange Email, Exchange Email Restored 40 Days, and RNC Personal Storage Table (PST) Search and Access Sets. Case Number Topic Material Material Material Processed Restricted Proposed for Opening 2014-0143-F Emails to and from requester to another White 3,940 2,080 assets 1,682 assets in House intern assets in whole, whole; 178 in part 178 in part This researcher submitted a first-person Freedom of Information Act (FOIA) request for emails sent between two White House interns. The George W. Bush Presidential electronic records proposed for opening to the requester only are emails regarding administrative office duties, meetings, calls logs and agency organizational charts; and emails with reminders for intern events and volunteer activities, scheduling requests, background materials about voting and election issues, as well as daily news clips for each state. These materials are from the Exchange Email Search and Access Set. Case Number Topic Material Material Material Processed Restricted Proposed for Opening 2015-0067-F Presidential Emergency Action Documents 6,812 6,299 pages 513 pages (PEADs) pages This researcher submitted a Freedom of Information Act (FOIA) request for Presidential Emergency Action Documents (PEADs). The George W. Bush Presidential records proposed for opening consist of charts, lists, notes, reports, correspondence, forms, and cover sheets. The majority of this request contains material relating to the scheduling and workflow tracking of drafting Presidential Emergency Action Documents (PEADs). Also included are factual reports on the war powers of the President. These materials are from White House Counsel’s Office, the Homeland Security Council, and the National Security Council. A-2 of A-16 Case Number Topic Material Material Material Processed Restricted Proposed for Opening 2015-0110-F Records pertaining to Linda Schrenko, 5 pages; 434 assets in 4 pages, 242 Georgia Superintendent of Schools, from 714 assets whole; 1 assets in whole; 2001 to 2002 page, 38 1 page, 38 assets assets in part in part This researcher submitted a Freedom of Information Act (FOIA) request for records related to Linda Schrenko, Georgia Superintendent of Schools, from 2001 to 2002. The George W. Bush Presidential textual record proposed for opening is a print-out of a webpage from the Georgia Department of Education. These materials are from the Domestic Policy Council. Electronic records proposed for opening consist of press releases, press gaggles, articles, contact information for state education officials, Worker and Visitor Entry System (WAVES) information, letters to superintendents after September 11th, as well as participant lists, place cards, seating charts, thank you notes, and briefing papers for education meetings at the White House. These electronic records are from the Automated Records Management System (ARMS), Exchange Email, RNC Personal Storage Table (PST), Worker and Visitor Entry System (WAVES), OPD Shared Drive, and WHO Shared Drive Search and Access Sets. Case Number Topic Material Material Material Processed Restricted Proposed for Opening 2015-0111-F Records related to requester, 2001-2002 6 pages; 10 assets in 6 pages in whole; 13 assets whole; 3 3 assets in part assets in part This researcher submitted a first-person Freedom of Information Act (FOIA) request for records related to himself, from 2001 to 2002. The George W. Bush Presidential textual records proposed for opening to the requester only are a correspondence tracking sheet, a recommendation letter, and a resume. These materials are from the White House Office of Records Management. Electronic records proposed for opening to the requester only consist of a Christmas card list and two emails transmitting Christmas card lists. These electronic records are from the Automated Records Management System (ARMS), OA Shared Drive and WHO Shared Drive Search and Access Sets.