Today, in a truly stunning conclusion to a long series of lawsuits, the Obama administration announced that it will begin to regularly release the vast majority of Secret Service records tracking visits to the White House.
Score a big victory for Citizens for Responsibility and Ethics in Washington (CREW), which tirelessly litigated for broad access to the records via the Freedom of Information Act.
In response to the White House’s pledge to routinely release electronic visitor records once they are three to four months old, CREW has decided to drop its outstanding cases pursuing information related to the visits of evangelical leaders under the Bush administration, as well as visits by coal and health care executives.
The agreement leaves the question of the visitor records’ status under the Freedom of Information Act somewhat unsettled. While three district court rulings have found that the records are accessible under FOIA, no higher court has decided the question.
The White House stresses that the new release program is voluntary, meaning that no court forced the action. Any president—including this one—could suspend or modify it at any time, at the risk of public outcry.
And until the first release—slated for late December 2009—we won’t know how forthcoming the White House plans to be.
Indeed, there are three categories of visits that will continue to be withheld under the policy: Information that could threaten national security, records describing the visits of personal guests of the Obama and Biden families, and records related to a small group of “particularly sensitive meetings.”
There’s obvious room for leeway in those categories. Will, say, all ambassadorial visits be exempt, on supposed national security grounds? While the administration says that only personal events, or “visits that do not involve any official or political business” will go undisclosed, in clubby Washington, what’s business and what’s pleasure? (Remember the phrase “Friend of Bill”?)
While the administration has promised to disclose each month how many times it’s using the “sensitive meetings” exemption, which should help curb abuse of that particular category, there’s no promise to publicly track the number of visits withheld under the personal or national security categories.
On that sensitive meetings category, the White House promises only to stand in the way of a small group of records—the example is given of records describing the visits of potential Supreme Court nominees—and to release those records once they are “no longer sensitive.” It’s hard to know what either phrase would mean in practice.
Let’s take the White House’s Supreme Court example. For the sake of argument, grant that Sonia Sotomayor’s pre-nomination visits to the White House were particularly sensitive—though I can’t see why they are more sensitive than a president’s meetings with any other potential major appointee.
When would it no longer be “sensitive” to admit that Sonia Sotomayor visited with Obama? Presumably, once her name was announced. But if Obama met with other potential nominees who never got the nod, when is it no longer “sensitive” to release their visit records? Once they were crossed off the short list? Once Sotomayor was announced? Once she was confirmed? Once they retire from public life? Once they are dead?
The Obama administration has done something laudable, and this is a landmark day for the public’s right to know who is coming to the White House and meeting and influencing the president and his staff.
But as long as the disclosures are done at the president’s discretion, and not with the force of law, the public may never know what they are missing.

Oh come on. Isn't your concern a little overblown? You expect legislation dictating with force of law the mandatory disclosure of every conceivable category of future White House visit, spelling out the precise nature of every possible conceivable exception.?
Number one, I'm not a unitary executivist or a fourth brancher but I'm pretty sure it would be not only risible but unconstitutional for Congress to attempt to legislate the mandatory disclosure of White House visits. The Supreme Court has weighed in on executive privilege and given the executive branch quite a bit of leeway in that area. The idea of legislating that kind of micromanagement is downright preposterous. I'd urge you to rethink your objections, which clearly must have originated within the hysterical rightwing paranoid minds of the Becks and the Drudges and the Mark Halperins of the beltway.
And geeez. Where was your curiosity during the LAST administration, when they were actually planning and micromanaging torture sessions in the White House? Journos weren't NEARLY so curious or demanding of information two years ago.
#1 Posted by Tom, CJR on Fri 4 Sep 2009 at 06:32 PM
Come on. Aren't you a little UNDERBLOWN then, Tom? Releasing data at the White House's discretion is only a promise to do more. The only qualification is for the White House to feel like releasing data to public inspection. Data that would only make them appear more transparent.
Don't tell me that people tell every prospective boss, every bad reason they left their last employer .
Promises made here to be more transparent can easily be rescinded through statements of "State Secrets." Sound familiar?
#2 Posted by Bill, CJR on Sat 5 Sep 2009 at 08:01 PM
Well, number one, Bill, you didn't respond to my questions about exactly how we are going to give this mandatory disclosure of every White House visitor "the force of law," with every conceivable exception spelled out before the fact, in what would most likely be one massive, massive piece of legislation by the Congress. The Congress is going to mandate that the Executive branch disclose every single visitor that goes into the White House? Let's be realistic -- it would most likely be unconstitutional (co-equal branches, anyone?). Please describe exactly how you would give this "the force of law." (as Mr. Hendler advocated) It's one thing to get on a high horse and make sweeping statements, but when you think about how you are going to enact something like this it starts to look pretty silly.
The Supreme Court has ruled, and any rational citizen would understand, that the Executive branch should have, must have, room to conduct and execute the Constitutional duties of the office. Read about the doctrine of executive privilege here: Executive privilege - Wikipedia, the free encyclopedia
Thirdly, there is no reason to think that the Obama Administration is up to illegal or nefarious deeds. Obama isn't Bush. There is no reason to believe that he is not faithfully executing the office of the President of the United States within the law. It is perfectly appropriate, and I support, the efforts of the ACLU and CREW to submit FOIAs to obtain information in visitor logs or anywhere else where they (or we) suspect there might be crimes or corruption or even bad government in the executive branch.
The Congress, on the other hand, should not be micromanaging in this way. They have the power of the subpoena and the power to conduct hearings in their oversight function, and that's appropriate and that is being done. And the Executive should comply with the subpoenas and cooperate with the oversight. But to pass laws demanding disclosure of every single Presidential visitor? C'mon. Get real.
The press has gotten on their silly and tiresome high horses with this "transparency" trope because they slept through the previous 8 years and willingly looked the other way while rampant corruption, war crimes, torture, and illegal wars were planned and took place right under their noses, even while it was patently obvious that it was happening. You didn't need visitor logs to see it. Now, when it is too late, they are the big drama queens petulantly demanding something called "transparency." Well, let's define it. Define "transparency."
#3 Posted by Tom, CJR on Sat 5 Sep 2009 at 10:23 PM
Update:
http://www.msnbc.msn.com/id/32715598/ns/politics-white_house/
#4 Posted by Bill Dedman, CJR on Sun 13 Sep 2009 at 02:12 PM
In exchange for the limited White House disclosure, a nonprofit group called Citizens for Responsibility and Ethics in Washington dropped its lawsuits from both the Bush and Obama eras.
Why would CREW drop its lawsuits from the BUSH era? That's the stuff you really want to know. They Obama administration has a spray for just about every move they make, so the press *already knows* who is going in and out of the WH. Now.
This just looks like so much posturing by the press. What you really OUGHT to want to know is what Bush and Cheney were up to all those years. We already know he was meeting with criminals like Abramoff. Who else was skulking in and out of the WH? We'll never know, now. The press was too timid and compliant to try to find out as they were led around on a leash by the Bush Press Office. Dana Perino had them eating out of her hand.
#5 Posted by Tom, CJR on Sun 13 Sep 2009 at 08:01 PM