REDEFINING EXECUTIVE PRIVILEGE
Although the Bush White House claims that the new executive order merely implements the existing law, this is not true. It significantly modifies the 1978 Presidential Records Act, and revokes the 1989 executive order issued by President Ronald Reagan to implement the law. For example, under Bush's order, his father's vice presidential papers would be covered, and Papa Bush would be empowered to block the release of these papers by invoking executive privilege. However, under the Constitution, executive privilege is unique to the president — not a power of a vice president. Bush's order is nothing less than absurd in purporting to grant the power to invoke this privilege to the vice president. The effort to grant this power only feeds suspicion that Dick Cheney's role is more presidential than may be appropriate to his office, for he no doubt would like to restrict access to his papers as well.
President Bush has not stated why he sought to change the Presidential Records Act. President Clinton did not challenge or change it during his eight years in office. Ironically, if President Clinton had been the one who issued this new executive order, Republicans in Congress would no doubt have screamed for his impeachment for failing to execute the laws of the land.
It will be recalled that Clinton's assertions of executive privilege in court and with Congress were repeatedly questioned. Some critics argued he had abused the process or even obstructed justice. Had Clinton sought to keep his papers secret through an executive order, it would surely have produced outrage. But Bush's actions have elicited only a few muffled criticisms.
I was terrified when he was elected and get more terrified each and every day. I was a child during Nixon and remember it vividly.