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Clinton Library_Politico

Clinton Library_Politico

Page 1: Clinton Library_Politico

Category:FOIA Request

Number of Pages:10

Date Created:February 26, 2014

Date Uploaded to the Library:February 27, 2014

Tags:politico, print, library, archives, presidential, Clintons, PAGES, Bill Clinton, release, withheld, White, hillary, president, National, Hillary Clinton, clinton, White House, Obama, records, Supreme Court, EPA, IRS, ICE, CIA

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Because n.o one above the law! 
February 26, 2014 
FOIA Coordinator Clinton Presidential Library 1200 President Clinton Ave. Little Rock, 72201 

Re: Freedom Information Act 
Dear Freedom Information Coordinator: 
Pursuant the Freedom oflnformation Act (FOIA), U.S.C.  552, Judicial Watch, Inc. hereby requests that the Clinton Presidential Library produce the following within twenty (20) business days: 
Any and all records contained former President Clinton's presidential archives that are currently being withheld described the enclosed Politico article. Judicial Watch believes that 33,000 pages records exist that are responsive this FOIA request and that they are being withheld purportedly pursuant 
U.S.C.  2204(a)(2) and (5). call your attention President Obama's January 21, 2009 Memorandum concerning the Freedom Information Act, which states: 
All agencies should adopt presumption favor disclosure, order renew their commitment the principles embodied FOIA ... The presumption disclosure should applied all decisions involving FOIA.1 
The memo fwther provides that "The Freedom Information Act should administered with clear presumption: the case doubt, openness prevails." 
Nevertheless, any responsive record p01tion thereof claimed exempt from production under FOIA, please provide sufficient identifying information with respect each allegedly exempt record portion thereof allow assess the propriety the claimed exemption. Vaughn Rosen, 484 F.2d 820 (D.C. Cir. 1973), 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 
FAX: (202) 646-5199 Email: www.Judicia! 
The Clinton Presidential Library February 26, 2014 
cert. denied, 415 U.S. 977 (1974). addition, any reasonably segregable portion responsive record must provid after redaction any allegedly exempt material. 
u.s.c.  552(b). 
For purposes this request, the term "record" shall mean: (1) any written, printed, typed material any kind, including without limitation all correspondence, memoranda, notes, messages, letters, cards, facsimiles, papers, forms, telephone messages, diaries, schedules, calendars, chronological data, minutes, books, reports, charts, lists, ledgers, invoices, worksheets, receipts, returns, computer printouts, printed matter, prospectuses, statements, checks, statistics, surveys, affidavits, contracts, agreements, transcripts, magazine newspaper articles, press releases; (2) any electronically, magnetically, mechanically stored material any kind, including without limitation all electronic mail e-mail; (3) any audio, aural, visual, video records, recordings, representations any kind; (4) any graphic materials and data compilations from which information can obtained; and (5) any materials using other means preserving thought expression. 
Judicial Watch also hereby requests waiver both search and duplication fees pursuant U.S.C.  552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C.  552(a)(4)(A)(ii)(1I) because member 
the news media. National Security Archive Department Defense, 880 F.2d 1381, 1387 (D.C. Cir. 989)(defining news media within FOIA context). Judicial Watch has also been recognized member the news media other FOIA litigation. See, e.g., Judicial Watch, Inc. U.S Department Justice, 133 Supp.2d (D.D.C. 2000); and, Judicial Watch, Inc. Department Defense, 2006 U.S. Dist. LEXIS 44003, 
(D.D.C. June 28, 2006). Judicial Watch regularly obtains information about the operations and activities government through FOIA and other means, uses its editorial skills turn this infom1ation into distinct works, and publishes and disseminates these works the public. intends likewise with the records receives response this request. 
Judicial Watch also entitled complete waiver both search fees and duplication fees pursuant U.S.C.  552(a)(4)(A)(iii). Under this provision, records: 
shall furnished without any charge charge reduced below the fees established under clause (ii) disclosure the information the public interest because likely contribute significantly public understanding the operations activities government and not primarily the commercial interest the requester. U.S.C.  552(a)(4)(A)(iii). addition, records are not produced within twenty (20) business days, Judicial 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199  Email: 
The Clinton Presidential Library February 26, 2014 
Watch entitled complete waiver search and duplication fees under Section 6(b) the OPEN Govenunent Act 2007, which amended FOIA U.S.C.  
(a)( 4)(A)(viii). 
Judicial Watch 501(c)(3), not-for-profit, educational organization, and, definition, has commercial purpose. Judicial Watch exists educate the public about the operations and activities government, well increase public understanding about the importance ethics and the rule law government. The particular records requested herein are sought part Judicial Watch's ongoing efforts document the operations and activities the federal government and educate the public about these operations and activities. Once Judicial Watch obtains the requested records, intends analyze them and disseminate the results its analysis, well the records themselves, special written report. Judicial Watch will also educate the public via radio programs, Judicial Watch's website, and/or newsletter, among other outlets. also will make the records available other members the media researchers upon request. Judicial Watch has proven ability disseminate information obtained through FOIA the public, demonstrated its long-standing and continuing public outreach efforts. 
Given these circumstances. Judicial Watch entitled public interest fee 
waiver both search costs and duplication costs. Nonetheless, the event our request for waiver search and/or duplication costs denied, Judicial Watch willing pay $350.00 search and/or duplication costs. Judicial Watch requests that contacted before any such costs are incurred, order prioritize search and duplication efforts. effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-mail, .pdfs). When necessary, Judicial Watch will also accept the "rolling production" documents. you not understand this request any portion thereof, you feel you require clarification this request any portion thereof, please contact immediately 202-646-5170 look forward receiving the requested documents and waiver both search and duplication costs within twenty 
(20) business days. Thank you for your cooperation. 

William Marshall Judicial Watch 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199  Email: 
The Clinton library's secret files Print View Freedom Information Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683. 
The Clinton library's secret files 
By. Josh Gerstein 
February 25, 2014 09:00 EST of7 2/26/2014 :53 
The Clinton library's secret files Print View trove Clinton White House records long processed for release remains hidden from 
public view the Clinton Presidential Library Little Rock-even though the legal basis 
initially used withhold them expired more than year ago. 
The papers contain confidential advice given sought President Bill Clinton, 
including communications with then-first lady Hillary Clinton, and records about people 
considered for appointments federal office. 
About 33,000 pages documents are involved, according the National Archives, which runs the library. 
(PHOTOS: Clinton controversies could emerge library docs) 
Under the Presidential Records Act, such records can withheld for years after president leaves office. However, the 12-year mark, those broad restrictions fall away and the once-secret presidential papers are generally subject disclosure. For the Clinton files, that milestone came and went January 2013. 
The long-sealed records pose delicate series choices for the Clintons, and even President Barack Obama. They could allow disclosure the papers, fueling new stories about old controversies like Whitewater and pardons granted the 42nd president left office 2001. they could fight keep some all the files secret, likely triggering court battle and stoking concerns that the former president and his wife are unduly secretive. 
Either way, it's potentially messy situation unfolding just Hillary Clinton -widely considered clear front-runner for the 2016 Democratic presidential nomination -mulls over whether make second bid return the White House. 
(PHOTOS: Hillary Clinton's influentials) 
It's not entirely clear who's responsible for the delay, since the release process involves the library and National Archives headquarters, well lawyers for the former president and Obama. 
Unlike collections other hands, the withheld files the Clinton Library are under the control the federal government. Obama would have choose whether back any privilege assertion the ex-president move that would tension with public statements Obama made candidate and president, promising improve access presidential records. Even the long delays accessing the files raise significant questions about whether reforms Obama imposed his first day office are working. 
After series inquiries from POLITICO recent days, official with the current White House said Tuesday afternoon that large batch the formerly withheld Clinton records should emerge soon. 
"The White House has cleared significant number P2/P5 Clinton documents ... roughly 25,000 pages," said the Obama aide, citing the legal designations originally used withhold the records. 
The aide, who asked not named, did not say precisely when that clearance was given. However, added: "There have been executive privilege assertions Clinton materials date." 
2of7 2126/2014 11:53 
The Clinton library's secret files Print View ... 
(PHOTOS: Who's talking about Hillary Clinton 2016?) 
After several days queries, National Archives spokesman said Tuesday evening that some -but not all -of the previously withheld records have been approved for release. 
"As today, the representatives the former and incumbent presidents have approved the release majority the approximately 33,000 pages Clinton presidential records that were previously withheld" under the advice and appointment provisions, said Chris Isleib, director communications for the National Archives. "Our goal make these records available soon possible, but will take the Clinton Library and [the National Archives and Records Administration] additional time complete the logistics making available such large release, including being able make the records available the Web." 
Isleib said the White House had extended the deadline regarding the remaining records until March 26. aide former President Clinton indicated Tuesday evening that the former president's aides just learned the current White House's signoff some the records. 
"We were notified today the National Archives and Records Administration that the White House had cleared over 20,000 pages previously closed Clinton administration documents, subject assertion executive privilege the former president. informed NARA that President Clinton did not intend assert privilege with respect the documents," said the aide, who asked not named. 
(Also POLITICO: Hillary promotes gender equality) 
Handling historical records about the Clintons already drawing increased scrutiny 
attention that seems certain grow the coming months. 
"Especially you have Hillary Clinton candidacy for president, there going renewed interest how these things are depicted, what's public and what's not. That's debate that's about had," said Brandon Rottinghaus, University Houston political science professor who conducted research the Clinton Library and was frustrated that certain records relating Clinton-era scandal management were off-limits. 
Earlier this month, the conservative Washington Free Beacon published pair stories that sparked questions about history's ability haunt the former first lady. One delved into records kept late Clinton friend Diane Blair detailing many Hillary Clinton's personal concerns about the crises that beset her husband's presidency, including his affair with Monica Lewinsky. The other article noted that papers from Bill Clinton's official files during his two terms Arkansas governor are locked away from view public library Little Rock. 
The Free Beacon stories did not mention the much vaster collections the Clinton Presidential Library: some million pages paper records and million emails -only tiny fraction which are available for public research. However, the Republican National Committee quickly made such link, portraying the undisclosed files political liability. 
"The Blair archive wasn't the only locked down library 2008 -the Clinton Library was 
described 'Little Rock's Fort Knox,"' RNC email reporters said, quoting 2001 Newsday 
story. of7 2/26/2014 11:53 

The Clinton library's secret files Print View ... archivists the Clinton Library have processed records for the past decade so, they have dutifully marked the advice-related and appointment-related information that could released with little additional work after the 12-year point. 
However, more than months after the legal restrictions expired, there are indications that any the formerly restricted records are available for research. 
"The obvious answer they are trying protect Hillary and there's question all that there's something that ... but the reality also they don't have the staff," said Gettysburg College professor Shirley Warshaw, frequent visitor presidential libraries. 
National Archives personnel have repeatedly complained that they lack the resources and personnel complete legally required page-by-page reviews timely fashion. However, the formerly restricted Clinton records have already been reviewed and don't require much new effort prepare for release. 
For least some the records, the National Archives has formally advised 
representatives Bill Clinton and Obama the planned release, giving both parties 
chance look over the records before they would become public -and giving both 
parties opportunity slow down the process. September, top archivist the Clinton Library told POLITICO the formerly restricted 
material was still "work[ing] its way through the notification process." either Clinton Obama objects any release, they could try assert executive 
privilege over the material, setting potential court fight. 
The Clinton Library has not published comprehensive list the materials held back from prior document releases. However, information posted online indicates that number the withheld records come from Hillary Clinton's office. 
For example, 2011, the library withheld confidential advice portions all 785 pages health
care-refomwelated records from the first lady's staff. The papers were removed from large 
set files released response lawsuit from conservative watchdog group Judicial 
Also withheld under the now-expired confidential advice provision were series 
documents pertaining Clinton-era scandals such Whitewater and the death White 
House aide Vince Foster. The records held back include legal memos such subjects 
from figures like Clinton personal attorney David Kendall and White House Counsel's 
Office lawyer Elena Kagan, who became Supreme Court justice 2010. 2007, total about 2,600 pages the library were being withheld part full 
confidential advice, National Archives spokeswoman told The New York Sun. The number 
apparently grew least about 33,000 last year. 
The expiration the 12-year restrictions the Clinton files also key test for 
executive order Obama signed his first full day office, promising overhaul the presidential 
records process and remove obstacles said were put place his predecessor, 
President George Bush. of7 2/26/2014 11:53 
The Clinton library's secret files Print View ... 
The delays access the processed-but-unreleased Clinton-era records are far longer than those involving comparable files from President George H.W. Bush's White House. 
When the 12-year restriction Bush's records dropped 2005, formerly withheld 
records began emerge quickly from his library College Station, Texas. Nearly 10,000 pages records were made available researchers just days after the 12-year mark. total more than 31,000 pages formerly restricted files were released the course that year. Full release the more than 68,000 pages was completed 2009, according the Bush library's website. 
However, the expiration the 12-year restriction President Ronald Reagan's files led greater delays and messy legal fight. 
About 70,000 pages were processed but restricted confidential advice Reagan when his papers hit the 12-year mark 2001, according court filing. That looming release triggered policy review the incoming administration President George Bush, 
which held disclosure the files. November 2001, Bush issued new executive order presidential records. Historians and other researchers denounced the order and filed suit, claiming Bush's directive would allow for 
unlimited delays and give former presidents even family members deceased 
presidents broad authority block releases. court ultimately held portion the Bush order 
Despite the ongoing litigation, the first batch about 8,000 pages formerly restricted 
Reagan records was made public February 2002. The release the remaining records 
took place 2004, although Reagan's representatives ultimately prevailed withholding documents totaling pages. The withheld papers included memo about pardons for 
Oliver North and John Poindexter, well document about Nancy Reagan's use 
military aircraft. 
Oba ma's White House has boasted that his executive order would lead greater 
openness presidential libraries. 
"President Obama has also ensured that White House records, even sensitive documents, will become more readily and more quickly available the public the future," 2011 report Obama's commitment open government declared. Promising greater openness "the near and far future," the report said Obama "rescinded" the Bush order, which had allowed "former presidents and their descendants delay indefinitely the release information." 
Despite the thousands pages previously withheld records now limbo, disclosure 
the Clinton Library has not stopped altogether. 
Last October, the Clinton Library did release batch 57,234 pages health care reform-related records Judicial Watch, whose lawsuit demanding access the complete set files was brought 2007 and continues. pages were withheld confidential advice the latest batch. addition, that same month the library and the Central Intelligence Agency released 300 documents pertaining the Bosnia crisis. 
But researchers still complain that the clearance process Obama put place has not 
worked much better than Bush's. of7 2/26!2.014 11:53 
The Clinton library's secret files Print View http://dyn. ... 
"The Obama executive order has probably solved some the problem, but certainly not all," said George Lardner, former Washington Post reporter who has done extensive research presidential pardons. "The Obama order easily subject manipulation. The Obama order includes provision that the time period for review can extended and extended and there's limit it. ... The Obama order worse than the Clinton [era] order, and certainly not that much better than the Bush order." 
"For sure, you've got delay the process because that three-tiered system review," Rottinghaus said, referring the National Archives, the former president and the current one. "The Obama administration has promised more openness and couldn't completely deliver." issues access Clinton Library files become political headache for Hillary Clinton forthcoming presidential bid, won't the first time. 
During the 2008 presidential race, Clinton came under fire -often from Obama and his allies -for allegedly trying keep her White House files shrouded secrecy. one the highest-profile episodes, late NBC Washington Bureau Chief Tim Russert used the forum televised debate October 2007 publicly challenge Mrs. Clinton about off-limits records from her time first lady. 
"There was letter written President Clinton specifically asking that any communication between you and the president not made available the public until 2012. Would you lift that ban?" Russert said, brandishing copy the letter. 
"That's not decision make," Mrs. Clinton said. "And don't believe that any president first lady has. But certainly we'll move quickly our circumstances and the processes the National Archives permits." 
Obama leapt the political opening, raising his hand chime in. 
"This example not turning the page. have just gone through one the most secretive administrations our history, and not releasing, think, these records the same time, Hillary, you're making the claim that this the basis for your experience, think, problem," Obama said. "Part what need rebuild trust our government again .... And that means being open and transparent and accountable the American people." 
Russert's questions infuriated Bill Clinton, who later called them "breathtakingly 
"She was incidental the letter," the former president insisted. "It was letter speed presidential releases, not slow them down." 
While the purpose the letter was narrow the overall amount information kept from 
the public, the letter does indicate that "communications directly between the President 
and First Lady" should "considered for withholding," among several other categories. 
Those restrictions are precisely the ones that expired last January. 
Later the campaign, the Clinton Library did release Hillary Clinton's official schedules first lady. They contained little news and proved far less damaging politically than the 
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The Clinton library's secret files Print View ... 
controversy over the delay releasing them. 
 2014 POLITICO LLC of7 2126/2014 :53