NCH WASHINGTON UPDATE (Vol. 12, #4; 27 JANUARY 2006) by Bruce Craig (editor)
2. STATE OF THE ARCHIVES
3. JUDGE ISSUES RULING ON CLASSIFICATION LAWS
4. BITS AND BYTES: CRS Report Rules and Procedures for Protecting Classified Procedures; NHPRC Editing Institute Announced; Library of Congress Issues Book on President’s Wives
5. ARTICLES OF INTEREST: “Former Professor May Be Doomed to Repeat History” (JS Online)
1. SCHOLARLY ORGANIZATIONS JOIN PATRIOT ACT SUIT Several scholarly organizations have joined together in a suit filed 24 January 2006 by the American Civil Liberties Union (ACLU) that seeks to strike down provisions of the U.S.A. Patriot Act that bars foreigners who endorse terrorism from entering the United States. The ACLU asserts that Section 411 the so called “ideological exclusion” of the Patriot Act is illegal as it prevents American citizens from hearing speech that is protected by the First Amendment.
Section 411 of the Patriot Act stipulates that the government may deny a visa to anyone whom the government believes has endorsed or espoused terrorist activity or has persuaded others to endorse or espouse terrorist activity. The suit, filed in the Federal District Court for the Southern District of New York, not only seeks to declare the ideological exclusion unconstitutional but also seeks to rectify the specific case of Tariq Ramadan.
Ramadan is a Swiss citizen and prominent Muslim scholar who has authored over twenty books and hundreds of articles on Islamic theology, law, and Islamic democracy. Ramadan, who is currently is a visiting professor at Oxford University, was recently invited to speak at several scholarly conventions one sponsored by the American Academy of Religion (AAR) and another by the PEN American Center but the government denied him an entry visa. Though admittedly a frequent critic of U.S. policy in the Middle East, the scholar asserts that he has never expressed support for terrorism.
The AAR, PEN Center, and other scholarly organizations, including the American Association of University Professors (all of which have joined the ACLU suit), claim that scholars rely on in-person conversation and by barring a foreign scholar from the U.S. thwarts scholarly exchange. According to Barbara DeConcini of the AAR, “Preventing foreign scholars like Professor Ramadan from visiting the U.S. limits not only the ability of scholars here to enhance their own knowledge, but also their ability to inform students, journalists, public policy makers, and other members of the public who rely on scholars’ work to acquire a better understanding of critical current issues involving religion.”
The Department of Homeland Security, which last year took action to deny Ramadan the ability to accept a teaching position at Notre Dame, has declined to provide comment to the press on the suit or Ramadan’s status.
2. STATE OF THE ARCHIVES
In December 2005, Archivist of the United States Allen Weinstein delivered his first State of the Archives address to assembled NARA staff and others watching via closed circuit television. This month, the Archivist shared excerpts from his address with various non-profit groups that maintain an interest in the agency and its activities. He invited them “to join me in developing the text for next year’s address.”
In summarizing last year’s accomplishments, Weinstein reported that because of “decisive support within the Administration and Congress, our 2006 budget exceeds the President’s request” and that funding was restored for the National Historical Publications and Records Commission. He highlighted work that is proceeding in crafting “a new vision for the National Archives” through the agency’s strategic planning efforts, and he reported on the various exhibits and programs that were made possible through the
Foundation for the National Archives. He stated that several new outreach
programs had been initiated, including a new public program “American Conversations” that consists of informal discussions between the Archivist and guest on American history and society. Finally, the Archivist announced that the post of External Affairs Liaison was created (and subsequently Dr. David McMillan was hired) to increase communication and interaction with NARA’s various stakeholders.
In projecting the agency’s plans for this year, Weinstein hopes to conclude work on the new Strategic Plan, incorporate the Nixon Library into the Presidential Library System as well as strengthen the bonds among Presidential Libraries, and make measureable progress in modernizing NARA’s system of Regional Archives.
Weinstein’s goals are ambitious and will require adequate funding to accomplish. Early this next month, once the President releases his budget, NARA stakeholders will have a better idea of what they will need to do to best articulate NARA’s needs to members of the House and Senate appropriations committees. It are these lawmakers who actually make the decisions on what can and cannot be accomplished within the framework of the president’s budget proposal.
For the Archivist’s address, go to:
http://www.archives.gov/about/speeches/2005/12-01-05.html.
3. JUDGE ISSUES RULING ON CLASSIFICATION LAWS In what was described by Steven Aftergood, editor of the Federation of American Scientists “Secrecy News” as “a startling pronouncement that can only heighten tensions between the press and the government,” a federal judge has issued a decision stating that the laws governing classified information apply to anyone and everyone who is in receipt of such information that would include not just reporters but researchers, political scientists, historians, and other scholars who, in the course of their research and work, are the recipients of what may be characterized as government "leaks."
According to Judge T.S. Ellis III, "Persons who have unauthorized possession, who come into unauthorized possession of classified information, must abide by the law...that applies to academics, lawyers, journalists, professors, whatever."
Judge Ellis's statement came at the conclusion of a sentencing hearing for Lawrence Franklin, the former Pentagon analyst who was charged along with two former officials of the American Israel Public Affairs Committee
(AIPAC) with felony violations of the Espionage Act.
According to Aftergood, “The extraordinary claim that mere possession of classified information triggers legal obligations leads to absurd conclusions, particularly since anyone who reads the daily newspaper comes into ‘unauthorized possession of classified information.’” Says Aftergood.
“More importantly, it serves to discourage investigative reporting of illegal government activities that happen to be classified.”
Judge Ellis's statement was first reported in "Sentence in Franklin case sends chill through free-speech community" by Ron Kampeas, Jewish Telegraphic Agency, January 24: for the article, go to:
http://www.jta.org/page_view_story.asp?intarticleid=16239 .
4. BITS AND BYTES
Item #1 Rules and Procedures for Protecting Classified Procedures: A CRS Report A report by the Congressional Research Service may be of interest. The report summarizes the rules and procedures in place for protecting classified information in Congress, which, as readers will discover, differ slightly between the House and the Senate. For the report titled "Protection of Classified Information by Congress: Practices and Proposals" (updated 11 January 2006), go to:
http://www.fas.org/sgp/crs/secrecy/RS20748.pdf .
Item #2 NHPRC Editing Institute Announced: The National Historical Publications and Records Commission is accepting applications through 15 March 2006 of its 34th Annual “Institute for the Editing of Historical Documents” that will be held 19 - 24 June 2006 in Madison, Wisconsin. The intensive seminar seeks to expose participants to state-of-the-art modern documentary editing techniques. No tuition is charged and housing is provided at no cost. For additional information tap into http://www.archives.gov/nhprc/partners/editing-institute.html.
Item #3 LC Issues New Book on President’s Wives: The Library of Congress has published a new book, “Dear President: Letters Between Presidents and Their Wives” in association with Black Dog & Leventhal Publishers. It is an anthology that draws upon the Library’s collections of presidential papers that open a unique window into the special familiar relationship of our first families. According to Librarian of Congress James H.
Billington, “These letters document the innermost thoughts, plans and experiences of the nation’s most public figures, continuing the Library’s tradition of providing ever-increasing access to the richness and humanity of our cultural heritage. Through some 184 letters, telegrams and cables, the book offers an intimate look into the private lives of American presidents and their wives from George and Martha Washington to Bill and Hillary Rodham Clinton. The book is 352 pages (hardcover) with black and white illustrations; it is available for $17.95 at bookstores nationwide.
5. ARTICLES OF INTEREST
One posting this week: In “Former Professor May Be Doomed to Repeat History” (JS Online) Milwaukee Journal Sentinel reporter Megan Twohey chronicles the story of Marquette University historian John William Rooney who walked out of the French National Archives with literally hundreds of documents, including a copy of the 1814 Treaty of Fontainebleau. Though the treaty was ultimately returned to the archives Rooney and an accomplice now face charges in France for receiving stolen goods. For the article, tap into http://www.jsonline.com/news/metro/jan06/386025.asp.
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