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Fantasy » alt.fan.tolkien » OT - The Underlying Structure of a Democracy
| OT - The Underlying Structure of a Democracy [message #210448] |
Fr, 27 Januar 2006 22:28 |
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National Security Archive Update, January 27, 2006
Prominent Historians, Political Scientists Urge Court to Reverse
Lower Court Decision Withholding Two 40-Year-Old Memos to LBJ
Scholars Remind Court That an Accurate Understanding of Political History
is Integral to a Democratic Society
For more information:
Matthew W.S. Estes 202/371-7000
Professor Larry Berman 530/752-3076
Thomas R. Burke, Duffy Carolan, Davis Wright Tremaine 415/276-6500
Meredith Fuchs, Thomas Blanton, National Security Archive 202/994-7000
http://www.nsarchive.org
Washington D.C., January 27, 2006 - The nation's leading history and
political science associations, along with a number of prominent scholars
of the Presidency and the Vietnam War, yesterday filed an amicus brief in
a lawsuit brought by University of California, Davis, Professor Larry
Berman. The case involves Berman's effort to obtain release under the
Freedom of Information Act of two almost 40-year-old CIA memos to
President Johnson.
Represented by Matthew W.S. Estes, the scholars seek to alert the United
States Court of Appeals for the Ninth Circuit to the broad implications
of the lower court’s ruling.
In the lower court, U.S. District Judge David Levi held that the CIA may
categorically refuse to review for release all President's Daily Briefs,
in perpetuity, regardless of their content, because the intelligence
reports are a protected intelligence method. Attorney Matthew Estes
commented, "Judge Levi's expansive ruling could reverse 40 years of
access to historical CIA intelligence products. The decision is not
required by the Freedom of Information Act or court precedents and, in
fact, is in direct conflict with applicable Supreme Court holdings and
Congressional action. It also represents poor public policy that runs
counter to the principle that historical presidential records should be
made public that has been cited by the Supreme Court, Congress and our
past Presidents."
Further, Judge Levi held that the Briefs also could be categorically
withheld because they are protected by a limitless presidential privilege
for confidential communications with advisers. The scholars argue that
this holding contradicts the Supreme Court's decision in the Nixon tapes
cases that privilege erodes over time and Congress's clear finding in the
1978 Presidential Records Act that the privilege no longer applies 12
years after the president leaves office. Moreover, the rationale for the
privilege makes no sense in light of the extensive public availability of
President Johnson's deliberations, including over 400 hours of tapes of
his oval office conversations.
The amici include: the American Historical Association
[http://www.historians.org/], the American Political Science Association
[http://www.apsanet.org/], the National Coalition for History
[http://www.h-net.org/~nch/], the Organization of American Historians
[http://www.oah.org/], the Presidency Research Group
[http://cstl-cla.semo.edu/Renka/prg/], the Society of American Archivists
[http://www.archivists.org/], and the Society for Historians of American
Foreign Relations [http://www.ohiou.edu/shafr/], along with noted
scholars including Barton J. Bernstein
[http://www.stanford.edu/dept/history/Faculty/bernstein.html], Robert
Dallek [http://www.sscnet.ucla.edu/history/dallek/], Lloyd Gardner
[http://history.rutgers.edu/People/lgardner.htm], Fred I. Greenstein
[ http://www.princeton.edu/politics/people/bios/index.xml?neti d=fig],
George C. Herring
[http://www.as.uky.edu/history/faculty/bios/herring.html], Jeffrey P.
Kimball [http://www.units.muohio.edu/history/pages/faculty11-15.html],
Stanley I. Kutler [http://www.law.wisc.edu/facstaff/biog.php?ID=335],
Walter LaFeber
[http://falcon.arts.cornell.edu/History/faculty/lafeber.asp], Anna Nelson
[http://www.american.edu/cas/hist/faculty.html#nelson], and Robert D.
Schulzinger
[ http://www.colorado.edu/history/faculty/schulzinger/schulzin gercv.html].
The amicus brief, along with other court papers and supporting documents,
is available on the Archive Web site:
http://www.nsarchive.org
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