Court Issues Last Minute Decision Accepting VP’s Claim He is Preserving Records

19 Jan 2009 // In the waning hours of the Bush administration, Judge Colleen Kollar Kotelly accepted the vice president’s claim he is complying with the Presidential Records Act (“PRA”). The act requires presidential and vice presidential records to be turned over to the National Archives at the end of an administration. Last year, after the Office of the Vice President repeatedly claimed not to be part of the executive branch, CREW filed suit to ensure Vice President Cheney’s executive branch records were being preserved. Although the judge recognized the court’s right to hold the vice president accountable for violating the PRA, she also noted that the law itself might be inadequate. CREW’s executive director Melanie Sloan stated, “We are disappointed the judge accepted at face value the vice president’s claims he was meeting his record keeping and believe this case shows the PRA must be amended.” Sloan continued, “Why, in the wake of Watergate, Congress would presume the president and vice president would always act in good faith is hard to fathom. Yet when Congress enacted the PRA it simply presumed compliance without providing remedies or repercussions for violations. It is imperative that Congress quickly amend the law to provide the Archivist and the courts a greater role in ensuring these important records are preserved for future generations.”