http://www.pressofatlanticcity.com/news/politics/story/3464697p-12678626c.html

White House visitor records closed
By PETE YOST, Associated Press Writer
Published: Friday, January 5, 2007
WASHINGTON (AP) - The White House and the Secret Service quietly signed
an agreement last spring in the midst of the Jack Abramoff lobbying
scandal declaring that records identifying visitors to the White House
are not open to the public.

The Bush administration didn't reveal the existence of the memorandum of
understanding until last fall. The White House is using it to deal with
a legal problem on a separate front, a ruling by a federal judge
ordering the production of Secret Service logs identifying visitors to
the office of Vice President Dick Cheney.

In a federal appeals court filing three weeks ago, the administration's
lawyers used the memo in a legal argument aimed at overturning the
judge's ruling. The Washington Post is suing for access to the Secret
Service logs.

The five-page document dated May 17 declares that all entry and exit
data on White House visitors belongs to the White House as presidential
records rather than to the Secret Service as agency records. Therefore,
the agreement states, the material is not subject to public disclosure
under the Freedom of Information Act.

In the past, Secret Service logs have revealed the comings and goings of
various White House visitors, including Monica Lewinsky and Clinton
campaign donor Denise Rich, the wife of fugitive financier Marc Rich,
who received a pardon in the closing hours of the Clinton administration.

The memo last spring was signed by the White House and Secret Service
the day after a Washington-based group asked a federal judge to impose
sanctions on the Secret Service in a dispute over White House visitor
logs for Abramoff.

The chief counsel to another Washington-based group suing to get Secret
Service logs calls the creation of the memo "a political maneuver
couched as a legal one."

"It appears the White House is actually manufacturing evidence to
further its own agenda," Anne Weismann, a Justice Department lawyer for
19 years and now chief counsel to Citizens for Responsibility and Ethics
in Washington, said Friday.

The White House and the Secret Service declined to comment.

Last year in the Abramoff scandal, the Bush administration, in response
to three lawsuits, provided an incomplete picture of how many visits
Abramoff and his lobbying team made to the White House.

The task of digging out Abramoff-White House links fell to a House
committee that collected the lobbyist's billing records and e-mails. The
House report found 485 lobbying contacts with presidential aides over
three years, including 10 with top Bush administration aide Karl Rove.

As part of its security function of protecting the White House complex,
the Secret Service uses the log information to conduct background checks
on people prior to daily appointments and visits.

The memorandum of understanding is an unusual step because it deals with
an unsettled area of law.

Federal courts will ultimately decide whether records identifying White
House visitors and who they are going to see are under the legal control
of the Secret Service or are presidential records publicly releasable
solely at the discretion of the White House.

The Bush administration's agreement with the Secret Service "at a
minimum will serve to postpone a final resolution of who these records
belong to," said Steven Aftergood, director of the Project on Government
Secrecy for the Federation of American Scientists. "This memo reflects
the Bush administration's view of American government, which is that the
people's business should be conducted behind closed doors."

In the mid-1990s, a conservative group, Judicial Watch, obtained Secret
Service entry logs through a lawsuit.

Secret Service records played a significant role in the Whitewater
scandal in the 1990s, supplying congressional Republicans with leads to
follow in their investigations of the Clintons.

A decade ago, Senate investigators used Secret Service logs to document
who visited the White House during the fundraising scandal surrounding
President Clinton's re-election campaign.

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