Talking Points Memo’s Muckraker spoke to a lawyer who worked for President Bill Clinton about an executive order signed by President Barack Obama. The executive order, signed on Wednesday, was regarding presidential records.
Neil Eggleston, a White House counsel under Clinton, told TPMmuckraker that in his view, the Obama White House issued the order with specific ongoing cases in mind — that is, with the goal of bolstering those efforts to obtain Bush’s records.
The Washington Post has more on the executive order in question.
One of the ongoing cases mentioned is the investigation into the firing of the U.S. attorneys, including the controversial firing of former New Mexico’s U.S. attorney, David Iglesias.
Eggleston told TPM Muckraker it is all about “who gets to assert executive privilege.” The former presidents can claim executive privilege, but it would not be guaranteed that it would work. The ultimate arbiter would be the current administration president, who could override the former president’s claim of executive privilege if he determines the items in question to be of national interest.
This would mean that attempts by President George W. Bush to keep secret documents pertaining to the U.S. attorney case (and other controversial cases from his administration) could be overridden by Obama.