(np) SOBs then, as now, and probably bullies as kids...

[Michael Bailey]

http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB142/index.htm

 Veto Battle 30 Years Ago Set Freedom of Information Norms



Scalia, Rumsfeld, Cheney Opposed Open Government Bill




Congress Overrode President Ford's Veto of Court Review

National Security Archive Electronic Briefing Book No. 142

Edited by Dan Lopez, Thomas Blanton, Meredith Fuchs and Barbara Elias
For more information contact Thomas Blanton: 202/994-7000

Posted November 23, 2004

Washington, D.C., November 23, 2004 - President Gerald R. Ford wanted
to sign the Freedom of Information Act strengthening amendments passed
by Congress 30 years ago, but concern about leaks (shared by his chief
of staff Donald Rumsfeld and deputy Richard Cheney) and legal
arguments that the bill was unconstitutional (marshaled by government
lawyer Antonin Scalia, among others) persuaded Ford to veto the bill,
according to declassified documents posted today by the National
Security Archive to mark the 30th anniversary of the veto override.

The documents include President Ford's handwritten notation on his
first legislative briefing document after succeeding President Nixon
in August 1974, that "a veto [of the FOIA bill] presents problems. How
serious are our objections?" White House aide Ken Cole wrote Ford on
September 25, 1974, "There is little question that the legislation is
bad on the merits, the real question is whether opposing it is
important enough to face the political consequences. Obviously, there
is a significant political disadvantage to vetoing a Freedom of
Information bill, especially just before an election, when your
Administration's theme is one of openness and candor."

On November 20, 1974, the House of Representatives voted to override
Ford's veto by a margin of 371 to 31; on November 21, the Senate
followed suit by a 65 to 27 vote, giving the United States the core
Freedom of Information Act still in effect today with judicial review
of executive secrecy claims.