http://www.msnbc.msn.com/id/31237416/The Obama administration is fighting to block access to names of visitors to the White House, taking up the Bush administration argument that a president doesn't have to reveal who comes calling to influence policy decisions.
Despite President Barack Obama's pledge to introduce a new era of transparency to Washington, and despite two rulings by a federal judge that the records are public, the Secret Service has denied msnbc.com's request for the names of all White House visitors from Jan. 20 to the present. It also denied a narrower request by the nonpartisan watchdog group Citizens for Responsibility and Ethics in Washington, which sought logs of visits by executives of coal companies.
Updated: CREW says it filed suit Tuesday against the Department of Homeland Security, which oversees the Secret Service. Here's a copy of CREW's complaint.
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"We are deeply disappointed," said CREW attorney Anne L. Weismann, "that the Obama administration is following the same anti-transparency policy as the Bush administration when it comes to White House visitor records. Refusing to let the public know who visits the White House is not the action of a pro-transparency, pro-accountability administration."
Updated: The White House reiterated that the policy is under review. See transcript below.
Groups that advocate open government have argued that it's vital to know the names of White House visitors, who may have an outsized influence on policy matters.
The visitor logs have been released in only a few isolated cases, most notably records of visits by lobbyist Jack Abramoff to the Bush White House, and in the "filegate" investigation of the Clinton White House. Only the Bush and Obama administrations are known to have made an argument in court that the visitor logs should be private.
The Obama administration is arguing that the White House visitor logs are presidential records — not Secret Service agency records, which would be subject to the Freedom of Information Act. The administration ought to be able to hold secret meetings in the White House, "such as an elected official interviewing for an administration position or an ambassador coming for a discussion on issues that would affect international negotiations," said Obama spokesman Ben LaBolt.
These same arguments, made by the Bush administration, were rejected twice by a federal judge. The visitor logs are created by the Secret Service and maintained by the Secret Service, U.S. District Judge Royce Lamberth ruled in 2007 and again this January. CREW had requested records of visits to the Bush White House, as well as the residence of Vice President Dick Cheney, by leaders of Religious Right organizations.
DOCUMENTS
White House visitors
You can read these documents (in PDF files) on White House visitor logs:
NEW: Complaint by CREW
Request by msnbc.com for all visitors
Request by CREW for coal industry execs
Secret Service denial letter
First opinion by Judge Royce Lamberth
Second opinion by Judge Lamberth
Obama administration response
Amicus brief by National Security Archive
Amicus brief by Judicial Watch
The Bush administration appealed Lamberth's decision, and the Obama administration has continued to press that appeal.
"It is the government's position," the Secret Service wrote last week to msnbc.com in denying access to the visitor logs, "that the vast majority, if not all, of the records ... are not agency records subject to the FOIA. Rather, these records are records governed by the Presidential Records Act" and "remain under the exclusive legal custody and control of the White Office and the Office of the Vice President. After the resolution of this litigation, we will respond further to your request if necessary."
The visitor records are kept in two databases:
Worker and Visitor Entry System (WAVES). This Secret Service database includes information submitted to the Secret Service about individuals who have a planned visit to the White House. This information includes the name of the pass holder submitting the request, the date of the request, the time and location of the planned visit and the nature of the visit or the person to be visited. This information may be updated with the actual date and time of entry and exit. Msnbc.com also requested lists submitted to the Secret Service of groups or delegations of visitors with planned visits to the White House.
Access Control Records System (ACES). This Secret Service database includes information generated when a pass holder, worker or visitor swipes a permanent or temporary pass over an electronic reader at entrances or exits. This information includes the name of the visitor, the badge number, the post or location, and the date and time of entry or exit.
No private information requested
Msnbc.com excluded from its request any private information on the White House visitors. It asked that the Secret Service delete from the logs any dates of birth, Social Security numbers, and home addresses (other than city and state).
In addition, msnbc.com asked the Secret Service to exclude information on security precautions and the results of background checks on prospective visitors.
The Bush White House had taken several steps to close off access to the visitor logs, steps repeatedly rejected by the federal judge.
In May 2006, the Bush White House signed a memorandum of understanding with the Secret Service, declaring that the logs are agency records, under White House control.
