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 records identifying visitors to the White House are not open to the public.
The Bush administration did not 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.
You've got to LOVE that last paragraph. The White House and Secret Service decide to create an agreement to transfer the visitor records out of the Secret Service and into the presidential records so that the Washington Post, and Judicial Watch, cannot access the records in investigating the Abramoff ties to the White House. And this took place just one day after Judicial Watch asked the U.S. District Court to impose sanctions on the Secret Service. What is more, this little tit-for-tat agreement between the Bush White House and Secret Service isn't just for hiding the Abramoff visits. If the Bush White House gets away with this, then they can keep the visitor logs hidden for other oversight investigations such as Cheney's Energy Task Force, the Valerie Plame affair, and intelligence failures. This is complete secrecy of this Bush administration. Continuing with the CNN story:
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.
[....]
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."
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