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NCH WASHINGTON UPDATE (Vol. 10, #17; 23 April 2004) by Bruce Craig (editor) <rbcraig@historycoalition.org> National Coalition for History (NCH) Website http://www2.h-net.msu.edu/~nch ***************** 1. Plaintiffs File Motion to Alter Judgement in PRA Case 2. The Weinstein Nomination -- An Update 3. Faculty Salary Increases -- Lowest in 30 Years Says AAUP Report 4. "Ten Most Wanted" Documents List Released 5. Bits and Bytes: National History Day Joins History Coalition; Wilson Center Fellowships 6. Articles of Interest: "Museums Step Up Fight Against Trade in Artifacts" (Washington Post 16 April 2004) 1. PLAINTIFFS FILE MOTION TO ALTER JUDGEMENT IN PRA CASE On 12 April 2004, plaintiffs party to the suit to overturn President Bush's Executive Order 13233 which relates to the administration of the Presidential Records Act (PRA) filed a motion to "alter or amend" the judgement entered 29 March 2004 that dismissed the plaintiffs case on standing and ripeness grounds (see "Court Issues Decision on Presidential Records Suit" in NCH WASHINGTON UPDATE, Vol. 10, #13; 2 April 2004). Scott L. Nelson, the attorney handling the case for the Public Citizen Litigation Group, filed papers on behalf of historical, archival, and government openness organizations requesting that the court reconsider its dismissal. Nelson cites two reasons in the motion: first, "that the Court's decision appears to overlook the uncontested fact that EO 13233 is currently being applied on an ongoing basis to all releases of Reagan presidential documents and Bush vice-presidential documents" so that the plaintiffs injuries "is by no means speculative or hypothetical"; and second, that the court's opinion seems to rest in part on "a misapprehension of fact" as 74 pages of materials "are still being withheld under the Executive Order." The motion was filed just days after Public Citizen was notified of a denial of its FOIA appeal on some 74 pages of materials (11 separate documents) of Reagan era records that have yet to be released to scholars under constitutionally-based privilege provisions of the PRA. Among the records being withheld: a six-page 8 December 1986 memo to the President and Director of Public Affairs entitled, "Talking Points on Iran/Contra Affairs"; a series of memos dated 22 November and 1 December 1988 for the President entitled, "Pardon for Oliver North, John Poindexter, and Joseph Fernandez"; and a two-page memo for the President from the Attorney General, "Appeal of the Decision Denying the Enforcement of the Anti-Terrorism Act of 1987." Other withheld memos relate to the extension of claims of Executive Privilege over the release of Justice Rehnquist's papers and materials relating to "Use of Military Aircraft by Mrs. Reagan." The privilege claims asserted on these documents were originally claimed by the legal representatives of former President Reagan and were concurred by President George W. Bush (for the list of withheld documents see item "Special Postings -- Withheld Reagan PRA Papers" posted on the NCH webpage at: http:www2.h-net.msu.edu~nch/ ). Scholars who believe that these materials have potential research value and would be interested being listed with other researchers on an affidavit proclaiming the importance of these materials are urged to contact Scott Nelson at Snelson@citizen.org . 2. THE WEINSTEIN NOMINATION -- AN UPDATE Controversy continues to mount over the Bush administration's nomination of Allen Weinstein to succeed John Carlin as Archivist of the United States. Press coverage in major newspapers including the Washington Post, New York Times, and other major publications and wire services such as the Associated Press has helped heighten public awareness of the issue that focuses on an apparent attempt by the White House to replace John Carlin as Archivist of the United States with a person of its own choosing. Due in part to the publicity and to a statement of concern issued by nearly two dozen historical and archival organizations (see http://www.archivists.org/statements/weinstein.asp ), the White House effort to confirm the nominee through an "expedited" appointment process appears to have been thwarted. The Senate Governmental Affairs Committee -- the committee of jurisdiction that will be making a recommendation to the U.S. Senate about the qualifications of the nominee -- indeed will give the Weinstein nomination a full and proper hearing in coming weeks. According to committee spokesperson Leslie Phillips, "We're just beginning the vetting process...But we will examine him [Weinstein] carefully as we do all nominees." In the meantime, evidence that the nomination was initiated more by the White House rather than by Carlin's desire to step down prior to summer 2005 continues to grow. When reporters queried about allegations that Carlin was being forced out, the White House issued a 19 December 2003 letter signed by John Carlin in which the Archivist states his intention to resign in the future and urges the White House to begin a "smooth transition of leadership." NCH sources inside NARA report that the letter was requested of Carlin by the White House with some critical parts being "essentially dictated." When asked by reporters whether the 19 December letter was generated by the White House, Carlin declined, through a spokesperson, to comment whether he is leaving voluntarily. Statements to the press by the nominee himself, however, are suggestive of the reliability of the insider's assertion. When asked by Washington Post reporter George Lardner exactly when the nominee was approached by the White House, Weinstein stated that he was contacted by the administration about his nomination in the "fall" of 2003, weeks if not months prior to the crafting of Carlin's intention to resign letter. While the selection may well be partly driven by politics, in interviews with press representatives Weinstein declared that "I am not in anybody's pocket and I am committed to maximum access." He states he is a registered Democrat -- "a raving moderate" and that "the National Archives as far as I am concerned, works for the American people and is not a creature of the administration." Critics note that while Weinstein may be a registered Democrat, The Right Web, a watchdog group that profiles right-wing organizations and includes on its lists Weinstein's Center for Democracy, documents the nominee's ties to conservative groups and funding institutions and notes that his wife Diane Weinstein, is legal counsel to former Vice-President Dan Quayle. Discussion also continues about the nominee's credentials. Friends and supporters are beginning to speak out in support of the Weinstein nomination. Richard Norton Smith, executive director of the Abraham Lincoln Presidential Library and Museum, views the present controversy as so much "faculty-lounge politics." He sees Weinstein as someone who can bridge the gap between historians and the public. He also notes that Weinstein played a role in persuading the Church of Christ, Scientist, to release the once highly restricted records of the founder of the Christian Science church, Mary Baker Eddy. Said Smith, "He [Weinstein] made the case that if the [church's] library was going to have intellectual legitimacy, it would have to have transparency." Stephen H. Balch, president of the National Association of Scholars, also comments that Weinstein is "a man who is capable of confronting evidence honestly and changing his mind." Critics, however, continue to raise questions about some of Weinstein's scholarly practices. In the past, the nominee has been criticized for his record on providing access to his research notes used in writing two controversial books about Soviet espionage. According to American University history professor Anna K. Nelson, "his history of sharing information is not all that great." In an interview with New York Times reporters, Weinstein did not address allegations regarding his records practices and opted to reserve discussion of that until his Senate confirmation hearings. He did, however, forthrightly respond to the widely publicized allegation that he or his publisher paid the KGB some $100,000 for special access to records that facilitated the writing of his latest book, "The Haunted Wood." "That's a total slander" declared Weinstein, though he admitted that his publisher Random House did pay a retired agent's group for "access to files" that contributed to the writing of four books, including his own. But, "no personal money passed hands" he stated. Critics continue to question the ethical ramifications of purchasing access and note that Weinstein continues to restrict access to his research notes based on those restricted files. The Weinstein nomination will undoubtedly continue to spark lively discussion through the spring and possibly summer months. Hill insiders report that the upcoming November presidential election, coupled with accusations from Democrats that the Bush administration is too secretive in general, could spell difficulty for the Weinstein nomination. Even if the nominee is deemed qualified by the Senate committee assessing his qualifications, his confirmation could be held up until after the election by a single senator who could put a hold on the nomination. 3. FACULTY SALARY INCREASES -- LOWEST IN 30 YEARS SAYS AAUP STUDY According to an annual report released 16 April 2004 by the American Association of University Professors (AAUP), the average salary of full-time faculty members rose by just 2.1 percent in the 2003-4 academic year. This represents the lowest percentage increase in three decades. A survey of 1,343 colleges and universities reveals that the average pay for a full-time faculty member rose to $66,475 in the 2003-4 academic year, up from $65,048 the previous year. This is just slightly over the rate of inflation that is pegged at 1.9 percent. According to the report, state budget cuts have contributed to keeping salary increases small. Nationally, state appropriations for higher education declined by 2.1 percent in 2004. The study also demonstrates that because public institutions have suffered greater cuts than private ones, the salary gap between public and private universities continues to widen. Full professors at public doctoral institutions in 2003-4 earned 77.4 percent of what their counterparts at private universities earned. The salaries of full and associate professors rose respectively, on average to $88,591 and $63,063; assistant professor salaries rose to $52,788. The gender gap in faculty salaries persists. Female full professors earned just 88.4 percent of what male full professors earned in 2004 -- $80,452, compared with $91,002. Some encouraging news though -- the gap narrowed between male and female faculty members at the associate- and assistant-professor ranks. For the full salary report, tap into: http://www.aaup.org/research/index.htm. 4. "TEN MOST WANTED" DOCUMENTS LIST RELEASED On 15 April 2004, a new coalition released its first annual survey of "The Ten Most Wanted Documents." The release was the inaugural event of OpenTheGovernment.org, an organization comprised of 33 organizations (of which the National Coalition for History is one) working on freedom of information issues. The organization seeks to galvanize public support for open, accountable government. The group represents an unprecedented coalition, bringing together First Amendment advocates, good government groups, journalists, environmentalists, and organizations. According to Rick Blum, Coordinator of the coalition and Director of the Freedom of Information Project of OMB Watch, "We are witnessing a broad expansion of government secrecy that runs counter to our core democratic values. We must reverse this course so the public can access the information it needs to hold our government accountable, make our families safer, and generally strengthen democracy." The list targets secrecy in all three branches of government and is the result of an Internet survey, in which respondents ranked documents covering a broad spectrum of issues, from women's rights to animal welfare to our government's fight against terrorism. Roughly 500 people completed the online survey. Of these, 76 percent said they have personally accessed federal government information within the last two years. Nine out of ten respondents thought the government classifies too much information, abuses legitimate privacy protections, and uses the threat of terrorism and national security concerns to withhold information. Eighty-eight percent also said trade secrets and business confidentiality too often shield information the public should know about. Among the many issues covered by the list of Ten Most Wanted Documents, three themes stood out: first, respondents expressed a deep skepticism about the information the government provides; second, the government should do more to make its day-to-day operations open to the public; and third, the government should reverse its unprecedented expansion of secrecy and give the public a more open and complete accounting for its efforts to make our communities safer. Here is the list of the ten "most wanted documents" for 2004: The 28-page Secret Pages of the Congressional Joint Inquiry into 9/11 Intelligence Failures; types of crime investigated each time a Patriot Act power was invoked; a list of the contaminants found in the sources of drinking water; records of court cases partially or totally closed to the public and an explanation why for each; industry-written reports on chemical plants' risks to communities; the Identities of those detained after 9/11 on immigration charges or as material witnesses; gifts from lobbyists to Senators and their staff; Federal contracts, grants and other agreements, their total value (in dollars), records documenting violations, and fines and other federal enforcement actions; all changes made to publicly available versions of congressional legislation before a committee vote; and Congressional Research Service Reports. For more information about the coalition, tap into: http://www.OpenTheGovernment.org . 5. BITS AND BYTES Item #1 -- National History Day Joins History Coalition: The National Coalition for History welcomes its newest Contributing Supporter -- National History Day. National History Day's mission is to improve the teaching and learning of history in elementary and secondary schools so that students become better prepared, knowledgeable citizens. Through publications and education programs NHD provides a critically acclaimed model for education reform and professional development. For more information about NHD and its programs, tap into: http://www.NationalHistoryDay.org . For information on how your organization can support the National Coalition for History, contact the editor at: rbcraig@historycoalition.org . Item #2 -- Wilson Center Fellowships: The Woodrow Wilson International Center for Scholars is currently accepting applications for its 2005-06 Fellowship competition. The center offers residential fellowships for the entire U.S. academic year (September through May), or for a minimum of four months during the academic year, to individuals in the social sciences and humanities who submit outstanding project proposals on a broad range of national and/or international issues. Proposed topics should intersect with questions of public policy or provide the historical and/or cultural framework to illuminate policy issues of contemporary importance. Fellows are provided with a stipend and work from private offices at the Woodrow Wilson International Center for Scholars in Washington, DC. Eligibility is limited to the postdoctoral level and, normally, to applicants with publications beyond the Ph.D. dissertation. For other applicants, an equivalent level of professional achievement is expected. The center seeks a diverse group of Fellows and encourages applications from women and minorities. Deadline for applications is 1 October 2004. For additional information tap into: http://www.wilsoncenter.org/fellowships or e-mail at fellowships@wwic.si.edu; telephone (202) 691-4170. 6. ARTICLES OF INTEREST One article this week: In "Museums Step Up Fight Against Trade in Artifacts" (Washington Post 16 April 2004), the International Council of Museums has unveiled a new tool to help combat the theft of cultural objects from Peru, Mexico, Ecuador, Colombia, Guatemala, and other countries. Tap into: http://www.washingtonpost.com/wp-dyn/articles/A16313-2004Apr15.html . *********************************************************** The National Coalition for History invites you to subscribe to this FREE weekly newsletter! You are also encouraged to redistribute the NCH Washington Updates to colleagues, friends, teachers, students and others who are interested in history and archives issues. A complete b backfile of these reports is maintained by H-Net on the NCH's recently updated web page at: <http://www2.h-net.msu.edu/~nch>. 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