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Food and Drug Administration
Division of Freedom of Information, HFI-35
5600 Fishers Lane
Rockville, Maryland 20857
Re: F07-10272 - Certified Mail
December 26, 2007
Dear FDA/FOIA:
I have your letter of 12/14/07 saying: "In
response to your request of November 13, 2007 for
a copy of the Executive Order signed by President
Reagan between January 20 through 26, 1981 making
the FDA powerless to do anything about aspartame
until Arthur Hull Hayes came to the FDA: We wish
to point out that all Executive Orders, once
issue, are public information. The specific
Executive Order you request may be obtained from
the Internet at:
http://www.archives-gov/federal-register/codification/search.html
This information may also be obtained from any public or university library."
You're right it should be on that web site or
listed with any public or university
library. I've done that but it has been stricken
from the record. As you can see by the letter
below there are no exceptions for this, it should
be public information. It's not. Only two or
three people have this record and FDA is one of
them. It is discussed in the aspartame
documentary, "Sweet Misery: A Poisoned World" by
Attorney James Turner. Here is that
clip:
http://www.soundandfury.tv/pages/rumsfeld2.html
It is discussed also in a letter I received from
the wife of a former FDA Commissioner who was
fired by a call at 3:00 AM from the Reagan
Transition Team. http://www.mpwhi.com/letter_about_jere_goyan.pdf
FDA officials should go to the web site you mention and try to locate it.
I also requested the 20% of the Bressler Report
deleted. Here is the remainder: http://www.dorway.com/bressler.txt
The FDA audit or Bressler Report is public
information. I personally spoke with Jerome
Bressler and he did not give anyone in the FDA
authority to delete data from his report. He
said the worst 20% of the report was removed in
retyping - without his permission. Jerome
Bressler said the same to H. J. Roberts, M.D.,
and Russell Blaylock, M.D. By the word of three
witnesses and Jerome Bressler himself this 20%
should never have been deleted from a public
record which exposed the damning studies by
Searle and their tactics in trying to conceal
from the FDA how bad the studies
were. Nevertheless, the report was bad enough
for FDA toxicologist Dr. Adrian Gross to request
the Justice Department prosecute Searle. Two
prosecutors were assigned, but they hired on with
the defense team and the statute of limitations expired.
FDA/FOIA doesn't have a case. On the contrary it
was malfeasance on the part of the FDA employee
who deleted information proving the fraudulence
of Searle's studies. Dr. John Olney told the FDA
Board of Inquiry what would happen in his
report: http://www.wnho.net/dr_olney1.doc FDA
agreed and revoked the petition for
approval: http://www.mpwhi.com/fda_petition1.doc
Dr. Olney's prophecy has been fulfilled.
I wrote a petition to ban 6 years ago which has
never been answered even though FDA is required
to do so in 180 days. I also sent FDA by
certified letter in October an amendment to this
petition based on an imminent health hazard which
only gave FDA by law a few days to answer, based
on 17 more peer reviewed studies on showing
aspartame toxicity. It's now 18. Neither has this been answered.
Please release the aboe records which by law are
public information. I also ask who blacked out
some tables in the Bressler Report.
Betty Martini, D.Hum, Founder
Mission Possible International
9270 River Club Parkway
Duluth, Georgia 30097
770 242-2599
www.mpwhi.com, www.dorway.com and www.wnho.net
Aspartame Toxicity Center www.holisticmed.com/aspartame
< http://www.archives.gov/presidential-libraries/laws/access//>
www.archives.gov
Wednesday, December 26, 2007
Opening the Reagan Records
John W. Carlin
Archivist of the United States
August 2001
The White House records of the Office of the
President of the United States represent some of
the highest-level records that we receive,
preserve, and make available to the public at the
National Archives and Records Administration.
Currently, we are opening the records of the
Presidency of Ronald Reagan (1981-89), and I want
to explain some of the laws, regulations, and
procedures involved in this effort.
Many of the issues and situations these records
describe are still ongoing, and thus there is
keen interest in them on the part of historians,
journalists, lawyers, members of Congress,
students, and others--all of them seeking to
discover the inner workings of the Executive
Office of the President in the not-too-distant past.
The records of former President Reagan are the
first Presidential records to be governed by the
Presidential Records Act (PRA) of 1978. The PRA,
enacted in the aftermath of the post-Watergate
controversy over the ownership of the
Presidential records of Richard M. Nixon,
establishes the general process for opening the
official records of Presidents and Vice
Presidents that were created on or after 20 January 1981.
The 1978 law specified that all official
Presidential and Vice Presidential records
created after that date are the property of the
Federal Government. And it stated that after the
President's term, the records would be
transferred to the custody of the Archivist of
the United States and would begin to be made
public five years after that President left office.
Presidents who served before 1981, except for
President Nixon, were free to limit access to any
and all of their White House papers, because
their papers were considered their personal
property. However, all of them since Herbert
Hoover, except Nixon, have donated those papers
to the Federal Government with very few
restrictions, except for records dealing with
national security, personal materials, and
materials that would be embarrassing to other
individuals or otherwise invade personal privacy.
These records are preserved and made accessible
in Presidential libraries run by NARA. President
Nixon's records are in the National Archives at College Park.
The PRA also establishes a process for access to
the records of Presidents from Ronald Reagan
onwards. It allows public access to the records
beginning five years after the President leaves
office, but permits the former President and the
Vice President to invoke up to six specific
restrictions to public access for up to twelve years.
For the first five years after the President
leaves office, his records are generally exempt
from public access of any kind, including the
Freedom of Information Act (FOIA). During this
period, only Congress, the courts, and the
incumbent and former Presidents may have access.
For the next seven years, anyone can request
access to Presidential records through the
Freedom of Information Act (FOIA), but various
exemptions under the PRA and FOIA still apply.
The PRA exemptions include national security
information that is properly classified;
information about appointees to Federal office;
information specifically exempt from disclosure
by law; trade secrets and confidential business
information; confidential communications
requesting or submitting advice between the
President and his advisors or between such
advisors; and information which, if disclosed,
would cause a clearly unwarranted invasion of
personal privacy. These exemptions are imposed by
the Archivist, following a thirty-day review by
both the former and current Presidents.
After twelve years, the PRA exemptions no longer
apply. Only the FOIA exemptions apply at that
point, except one: there is no longer an
automatic statutory exemption to withhold
communications between the President and his
advisors and among the advisors themselves or any
other deliberative records. However, even after
twelve years, both the former and current
Presidents still review Presidential records
prior to release to consider whether to assert
the privilege that covers communications between
the President and his advisors and among the
advisors themselves, or any other deliberative
records. Executive Order 12667, issued by
President Reagan in January 1989, establishes the
procedures for notifying the former and incumbent
Presidents and for asserting that privilege
against the release of Presidential records.
So far, the Ronald Reagan Presidential Library in
Simi Valley, CA, has released approximately 4.5
million pages out of the roughly 43.8 million
pages at the library. Those 4.5 million pages
were released during the past twelve years,
mostly in response to FOIA requests from
researchers. 113,200 pages have been withheld
under the exemptions allowed by FOIA or the PRA.
Earlier this year, NARA provided thirty-day
notifications to the White House and to the
Office of President Reagan for some 68,000 pages
of Reagan records that had been withheld during
the first twelve years after the Reagan
Presidency because they concerned confidential
advice. However, because this was the first time
that Presidential records containing confidential
advice could no longer be restricted under the
PRA, the White House extended the thirty-day time
period so that it could conduct a thorough legal
review of the PRA and consider its long-term
implications on the deliberative process for the
Presidency and the Executive Branch. President
Bush's White House Counsel, Alberto Gonzales,
first extended the time period until 21 June, and
then further extended it until 31 August.
While the Administration is reviewing this issue,
other Presidential records from the Reagan
Library, which do not concern confidential
advice, have continued to be opened. So far this
year, more than 36,000 pages have been released
following notice to the White House and the
Office of President Reagan. We anticipate
additional openings in the near future, and are
continuing to process the millions of records
remaining to be opened at the Reagan Library, the
Bush Library, and the future Clinton Library.
Page URL:
<
http://www.archives.gov/presidential-libraries/laws/access//presidential-libraries/laws/access/reagan.html>
http://www.archives.gov/presidential-libraries/laws/access/reagan.html
The U.S. National Archives and Records Administration
8601 Adelphi Road, College Park, MD 20740-6001 •
Telephone: 1-86-NARA-NARA or < ?XML:NAMESPACE
PREFIX = SKYPE />
1-866-272-6272
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