White House Follows New Path to Secrecy

The vice president's residence at the Naval Observatory in Washington is seen in the Sept. 11, 2000 file photo. According to government documents, the Secret Service routinely destroyed five of eight categories of information relating to visitors to Vice President Cheney's residence. (AP Photo/J Scott Applewhite) (J Scott Applewhite - Associated Press)

"If any documents remain in your possession, please return them to OVP as soon as possible," the letter stated.

The Justice Department filed the Cheney letter last Friday in one of the lawsuits brought by Citizens for Responsibility and Ethics in Washington, which is invoking the FOIA law in seeking the identities of conservative religious leaders who visited the White House complex and the vice president's residence.

The group, which represents Valerie Plame and her husband in their lawsuit against Cheney and other key administration figures in the leak of Plame's CIA identity, also is seeking White House visitor logs in the Abramoff scandal.

According to government documents, the Secret Service routinely destroyed five of eight categories of information relating to visitors to Cheney's residence. Of the records it retained, the Secret Service regularly turned over handwritten visitor logs to Cheney's office.

The Secret Service stopped the destruction in June 2006 because of lawsuits by various groups, according to the court papers. The law enforcement agency also is retaining copies of the material, contrary to the directive in the September 2006 letter from Cheney's counsel.

The court filings by the government show that:

_On three occasions late in the administration of the first President Bush and during the first term of President Clinton, the Secret Service proposed treating copies of White House visitor documents as non-presidential records. In its court filings, the current Bush administration opposes releasing details of the Secret Service proposals, saying this "poses a substantial risk of creating public confusion" because the proposals were never adopted.

_In January 2001, as Clinton prepared to leave office, White House lawyers proposed the transfer of visitor records from the Secret Service to the White House. The proposal was entitled "Disposition of certain presidential records created by the USSS," or the Secret Service. The records are now at the Clinton library in Little Rock, Ark., the National Archives confirmed Thursday.

_In September 2004, a lawyer for the Bush White House and a special assistant to the director of the Secret Service proposed "informal views on one way to address the disposition" of visitor records, according to court documents. The unnamed associate White House counsel and the Secret Service assistant jointly authored a July 29, 2004, document bearing the same title as the Clinton administration document from 3 1/2 years earlier.

_In July 2005, the Secret Service gave a presentation on the issue to the White House counsel's office, the Justice Department and the National Archives.

_On May 11, 2006, the Justice Department's Office of Legal Counsel provided a legal opinion on the issue, which is among the many documents the government is refusing to disclose. Six days later, the White House and the Secret Service signed the agreement designating the records as presidential.

Presidential records are released starting five years after a president leaves office. Under the Presidential Records Act of 1978, nonclassified material is disclosed first, with classified documents and advice to the president released later after review by federal agencies, the White House and the former president.

Under an executive order President Bush signed in 2001, the archivist of the United States cannot unilaterally release the records without the permission of the current president, former presidents and their representatives.

"The scary thing about this move by the vice president's office is the power grab part of it," said Tom Blanton, head of the National Security Archive, a private group that uses the FOIA law to pierce government secrecy.

"We're looking at a huge problem if the White House can reach into any agency and say certain records have something to do with the White House and they are presidential from now on," Blanton said. "This White House has been infinitely creative in finding new ways and new forms of government secrecy."