U.S. District Judge Colleen Kollar-Kotelly ruled that the U.S. Archivist's reliance on the executive order to delay release of the papers of former presidents is "arbitrary, capricious, an abuse of discretion and not in accordance with law."
Criticized by historians, the November 2001 order allowed the White House or a former president to block release of a former president's papers and put the onus on researchers to show a "specific need" for many types of records.
"The Bush Order effectively eliminated the archivist's discretion to release a former president's documents while such documents are pending a former president's review, which can be extended -- presumably indefinitely," Kollar-Kotelly wrote in a 38-page ruling.
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