CREW citizens for responsibility and ethics in washington July 23, 2009 Gregory B. Craig, Esq Counsel to the President The White House Washington, D.C. 20005 By Facsimile: 202-456-2461 Dear Mr, Craig: I write in response to your letter of July 22, 2009, providing Citizens for Responsibility and Ethies in Washington (CREW) with certain information on visits to the White House by specified health care executives, As your letter explains, this discretionary release was made afier reviewing CREW’s Freedom of Information Act (FOIA) request of June 22, 2009, which seeks records of White House visits by 18 health care executives, You also note the White House is continuing to review our specific FOIA request as well as “the White House’s general policy governing the discretionary release of visitor records.” As part of that review CREW urges you to abandon your current position, which mirrors that of the Bush administration, that White House visitor records created and maintained by the Secret Service are presidential records and therefore not subject to public disclosure under the FOIA. To date, every court to evaluate that position has concluded such records are agency records subject to the FOIA and ordered their release, Moreover, the position of the White House is directly at odds with President Obama’s stated commitment to transparency and accountability. The President's Memorandum of January 21, 2009 states unequivocally, “[iJn our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of @ profound national commitment to ensuring an open Government.” This promise of an open government can be realized only by granting the public access to some of the most basic information about our government: those who enter the White House to offer their views in the formulation of policies ranging from health care to energy. Finally, the discretionary release the President has now made with respect to at least some White House visits by health care executives cannot substitute for the requested records themselves and the statutory rights and protections the FOIA confers on requesters. The FOIA requires the release of records, not merely a summary of some information included in the records. Not only does your letter provide only a summary of the dates when specified 1400 Eye Street, NW, Suite 450, Washington, D.C. 20005 | 202.408.5565 phone | 202.588.5020fax | wiweltizensforethics.org oGregory B. Craig July 22, 2005 Page Two. individuals “visited the White House,” it omits important information contained in the actual visitor records such as the administration official who requested clearance for the visitor, the time of the meeting, the duration of the visit, and in many cases with whom the visitor met. Further, rather than making discrete determinations to release documents on a case-by case basis as an exercise of the President's discretion, the White House should concede ~ as courts have held ~ that White House visitor records are, indeed, federal records subject to disclosure under the FOIA. This would ensure requesters like CREW are afforded all the statutory rights and protections of the FOIA. We would welcome the opportunity to meet with you to discuss this matter further. Sincerely, Aen Anne L. Weismann Chief Counsel