Court Invalidates Portion of Bush Executive Order

Published: October 2, 2007, 8:30 pm

D.C. Federal District Court judge Colleen Kollar-Kotelly has struck down a narrow portion of Executive Order 13233, a 2001 directive from President Bush which sharply limited future access to presidential and vice-presidential records. The ruling [PDF] came yesterday in the case of American Historical Association et al. v. National Archives and Records Administration (NARA) and the Archivist of the United States, which has been working its way through the legal pipeline since 2004. While Kollar-Kotelly dismissed much of the AHA’s lawsuit (which is joined by other organizations, including the National Security Archive, the Organization of American Historians, Public Citizen, and the American Political Science Association) for lack of standing, she did conclude that Section 3(b) of the Executive Order violates the Presidential Records Act and its subsequent regulations. The PRA regulations state that once former presidents receive notice from NARA that records from their

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