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Old 05-13-2010, 04:54 PM   #1
Ought Six
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Arrow Dems may not release Kagan's memos written during service in Clinton White House

http://www.cnsnews.com/news/article/65841
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Old 05-13-2010, 05:31 PM   #2
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Old 05-13-2010, 06:46 PM   #3
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Arrow

When Bush refused to release WH memos written by Roberts when he was nominated, the Dems had a fecal hemorrhage about it. But now Obama is doing it, so it is okay.
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Old 05-13-2010, 07:16 PM   #4
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And Bush was right, and Obama is right now, hypocrisy aside. Executive privilege is important else a President will never get candid advice.
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Old 05-14-2010, 11:02 AM   #5
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Quote:
Originally Posted by Sysiphus View Post
And Bush was right, and Obama is right now, hypocrisy aside. Executive privilege is important else a President will never get candid advice.

I agree but there is the difference I see.

These documents being withheld are NOT documents used to advise the Obama administration.

When Bush withheld, the nominee was in his own, and current, administration.

Now, the nominee was in a previous administration not a current one.
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Old 05-14-2010, 12:26 PM   #6
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Quote:
When Bush withheld, the nominee was in his own, and current, administration.

Now, the nominee was in a previous administration not a current one.
You're splitting hairs. If a current president thinks confidential written advice is going to be reviewed by Congress and others after he leaves office, the chilling effect is the same. That said, the privilege lies with B. Clinton, not with the WH or the Democrats.
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Old 05-14-2010, 01:56 PM   #7
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You're splitting hairs. If a current president thinks confidential written advice is going to be reviewed by Congress and others after he leaves office, the chilling effect is the same. That said, the privilege lies with B. Clinton, not with the WH or the Democrats.
Not at all. Do you think that document from every mid to low level administration official is locked up?

When an administration leaves office the papers and other effects go to the Library of Congress IIRC. Remember the issue with Bush leaving and all of the e-mails? The people own them. Bill Clinton doesn't own them and he has no Presidential privilege. That belongs to Obama.

A lot of documents gets released automatically unless they are direct Presidential papers or classified information. A lot of stuff from Bush 1, Clinton and Bush 2 have been released.

Stuff covered under Freedom of Information Act must be released immediately unless it meets special condition.

If it falls under the Presidential Records Act then it will be released at 5 or 10 years. Kagan was on the White House Domestic Policy Council and then Associate White House Counsel from 1995 to 1999..

No one knew she was going to go for a SCOTUS appointment back then.

What do you want to bet a lot of Kagan's writings were sitting in the LOC, able to be checked out by anyone. As soon as they put her on the short list some memorandum went to the LOC and they were pulled.

I am also going to bet they know this can't hold up to a challenge. They are just trying to hold it up until close to the hearings so it can't be used.
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