-Caveat Lector-

from the February 06, 2003 edition -
http://www.csmonitor.com/2003/0206/p09s02-coop.html

Someone, blow the whistle on Bush's excessive secrecy

By Pat M. Holt

 WASHINGTON - It is time for Congress or the courts to blow the whistle on
the Bush administration's excessive secrecy. The secrecy is especially
pernicious when set in the context of the administration's proclivity to
spin. "Spin" is the fashionable word. "Twist," "distort," "deceive," or "cover
up" would be more forthright.

Consider these examples:

• The White House tried to obstruct the appointment of an independent
commission to investigate the terrorist attacks of Sept. 11, implying it
doesn't want Congress to know what it knows. Contrast President Truman's
cooperation when Congress appointed a joint committee to investigate the
attack on Pearl Harbor.

• Attorney General Ashcroft insists on closing court proceedings that are
ordinarily open, including some the Constitution requires to be open. He's
done this under the flimsiest of excuses: The release of names of arrestees
would give away to Al Qaeda bosses who has been arrested. Or that
release of names would violate the arrestees' right of privacy.

• The Environmental Protection Agency, the Department of Agriculture,
and the Department of Health and Human Services have been given the
authority to classify documents as "secret." Wielding a SECRET stamp gives
bureaucrats a particular sense of exhilaration; and we can be sure that if a
bureaucrat has this power, he or she will use it.

• Vice President Cheney argues that the administration came to the
government determined to restore the powers of the president to what
they were before the congressional onslaught during the Vietnam War and
Watergate. Since the Washington administration, the powers of the
president and Congress have moved against each other like a seesaw. They
may be expected to continue to do this, but not at such an abrupt pace.

What particularly upset Mr. Cheney was the request by the General
Accounting Office, on behalf of Congress, for the names of those in his
office who participated in discussions of oil policy at the start of the
administration. He argued vigorously that presidents (as well as vice
presidents and Cabinet members) need and deserve frank advice that they
cannot get if the advisers think it may be made public. Nobody disputes
this, but only counsel from staff and personal advisers enjoys such
protection.

• Perhaps most egregious of all, Mr. Bush has signed an executive order
which gives the sitting president the right to control the release of the
papers of any past president. That is, if Bush were so inclined, he could
bar the release of the papers of George Washington. His White House
counsel, in fact, did order the National Archives not to release 68,000
pages from Ronald Reagan's administration. These included papers from
George H. W. Bush's vice presidency.

Later the current Bush permitted the release of almost all of the Reagan
pages in question. In the meantime, however, the White House has issued
another order permitting former presidents, vice presidents, their
representatives, or surviving relatives to bar release of documents for a
variety of reasons: "military, diplomatic, or national security secrets,
presidential communications, legal advice, legal work, or the deliberative
processes of the president and the president's advisers." This is an
arrogant assertion of presidential power when applied to past presidents.
It allows the president to determine what the people may know - or don't
know - about what their own government does.

It is highly questionable whether any president has ever had the power to
control presidential papers contrary to the will of Congress, as this
executive order would permit. It raises a serious question of whether the
motive of the current president is to cover up his father's actions in the
Iran-contra arms scandal. Under the law, such affairs are supposed to be
regulated by the National Security Council (NSC). At the time of Iran-
contra, the NSC consisted of Mr. Reagan, Vice President Bush, Secretary
of State George Shultz, and Secretary of Defense Caspar Weinberger.
Afterward they declared their positions as follows: Reagan and Mr. Bush
said they didn't know about it; Mr. Shultz and Mr. Weinberger said they
opposed it. That's two abstentions and two against. How, then, could the
scandal have happened? And is it any wonder the controlling, abstaining
participants would want to cover their part?

• Pat M. Holt is former chief of staff of the Senate Foreign Relations
Committee.

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