Legal Research Plus

“While researching my book on the history of presidential libraries, I discovered a shocking but perhaps not surprising situation: the National Archives and Records Administration (NARA) is improperly withholding its own records. Theoretically a non-partisan as well as non-political agency, NARA is at the center of some of the most controversial issues of our time, including government secrecy, executive privilege, and timely access to presidential records. Rather than abide by legislative requirements and professional standards, NARA has chosen to avoid accessioning and processing many (if not most) of its own records dating back more than forty years. Worse, officials have blocked access to the records, perhaps due to concerns over possible criticism of the agency. “

And, the article closes: “If NARA can improperly withhold records that they deem may be inconvenient or embarrassing, they can withhold any record. This is a cause for great concern, given the regrettable ways in which the Archives has responded to recent presidential records issues.”

Many thanks to the great folks at FreeGovInfo for writing about this and sharing this follow-up: “Clark’s article has produced an extensive discussion and Comments, including the NARA Response by Gary M. Stern on July 24, 2008.  Kate at ArchivesNext has posted a thoughtful response after talking off the record to archives staff: Access to records of the National Archives, July 24th, 2008.”