Executive Order 13233:the chances of remaining the law of the land? In the words of John Dean, "slim to none."
writ.news.findlaw.com
excerpt:
Why Bush Apparently Issued the New Executive Order
What appears to have provoked President Bush's action is the fact that some 68,000 documents from the Reagan presidency were waiting at the White House when Bush arrived, ready for release by the National Archives.
These documents passed the twelve-year deadline for public release on January 12, 2001, but their release has been stalled by the Bush White House until now. The documents are believed to contain records that Papa Bush, as Reagan's Vice President, is not happy to have made public. They also contain papers of others now working for Bush, who might be embarrassed by their release.
Look for either Papa Bush, or someone designated by former President Reagan, to object to any of these 68,000 documents' release pursuant to the new Executive Order. If that happens, it will confirm my guess as to why the Order was written at this time. The effect will be to tie the release of those records up for years.
The most certain effect of this new Order will be litigation. The Order will be tested in court, if the President does not withdraw it as requested by both Republicans and Democrats in the Congress. And should the Order not be overturned by the courts, I believe Congress will act. In fact, Congress could act even before the courts resolve these matters. |