ALA Applauds Federal Court Ruling Against Executive Order 13233

Contact: Andy Bridges

ALA Washington Office

202-628-8410

For Immediate Release

October 2, 2007

ALA Applauds Federal Court Ruling Against Executive Order 13233

WASHINGTON — Yesterday, October 1, a U.S. District Court judge ruled that Presidents don't have authority to control executive records after they've left office, by invalidating part of Executive Order 13233.

Presidential records are a subject of great concern to libraries, one of whose missions is to support ready and equitable access to information produced by the government of the United States.

“With Executive Order 13233, President Bush attempted to block access to some of the most important information in our government,” said ALA President Loriene Roy. “By invalidating the right to veto after a President has left office the court has made it clear just how vital that information is to democracy and how inappropriate attempts to keep it hidden are.”

In November 2001, President George W. Bush issued Executive Order 13233, which gave current and former Presidents and Vice Presidents broad authority to withhold Presidential records or delay their release indefinitely.

In March, the Presidential Records Act Amendments (H.R. 1255), which would nullify the Bush executive order and re-establish procedures to ensure the timely release of Presidential records, passed the U.S. House of Representatives, but it is currently being held up in the Senate.

Further, in 2002, ALA passed a resolution concerning Presidential Records (PDF). It was resolved that "the American Library Association urge[s] Congress to reaffirm the principles of public access embodied in the Presidential Records Act of 1978," and further resolved that "the American Library Association urge[s] Congress to amend the Presidential Records Act as necessary to reaffirm the intent of Congress that Presidential records be made generally available to the public with limited statutory restrictions by the end of twelve years."

For more information, please see ALA's Legislative Action Center.