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White House Withholding Documents on Pardons

August 28, 2002
By ELISABETH BUMILLER






WASHINGTON, Aug. 27 - Bush administration officials said
today that they were keeping secret more than 4,000 pages
of Justice Department documents related to a flurry of
last-minute pardons by President Bill Clinton to protect
the right of all presidents to private deliberations.

The conservative group Judicial Watch has been seeking the
documents since last year in an effort to determine the
propriety of Mr. Clinton's actions, which included his
much-criticized pardon of Marc Rich, the fugitive financier
charged with evading $48 million in taxes.

But in court papers filed this month in United States
District Court here, administration officials said they
were withholding the documents under an exemption in the
Freedom of Information Act that they said protected
documents related to presidential pardons, even if the
documents were generated outside the White House and the
president had not seen them.

Disclosure of the documents, Justice Department officials
said in the court filing, would have a "chilling effect" on
counsel that advisers might give a president concerning
pardons.

The filings by the administration were first reported by
The Washington Post.

"The pardon power is exclusively granted to the president,"
said Susan Dryden, a Justice Department spokeswoman. "Any
information, any advice and any memos would be part of the
deliberative process. We want to preserve the integrity of
that process."

Judicial Watch officials said that the administration's
response was only its latest effort to clamp down on
information that should be available to the public, and
complained that the White House was trying to expand the
scope of the president's privilege to deliberate privately
with advisers.

A Judicial Watch official also said the Bush administration
was, for its own purposes, covering up the previous
administration's "misbehavior."

"I don't think they want to be seen as going after the
Clinton administration," said Tom Fitton, the president of
Judicial Watch.

Former members of the Clinton administration quietly
praised the Bush administration's position today.

They noted, however, that releasing the pardon information
would bring enormous pressure on Vice President Dick Cheney
to turn over documents demanded by Congress as part of the
investigation into any corporate influence in the
formulation of the Bush administration's energy policy.

The General Accounting Office, an arm of Congress, sued Mr.
Cheney in February to force the White House to reveal the
identities of energy industry executives who helped the
administration develop a national energy policy last year.

Mr. Cheney has maintained that the accounting office is
overstepping its authority and that he has a right to keep
the documents secret to preserve his ability to get
"unvarnished" advice from outside consultants.

Judicial Watch officials said they would continue to pursue
their case in court.

http://www.nytimes.com/2002/08/28/politics/28PARD.html?ex=1031536146&ei=1&en=d46a162d3bed217a



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