So how exactly did these documents come to see the light of day? And was the Bush White House -- which has primary control over the release of such documents -- changing the rules to knock the former president and give an assist to the notorious Clinton-hater Burton? It sure seems that way.

The Bush White House claims that President Clinton's own representatives agreed with its decision to make the documents available -- and it was, if anything, actually assisting the former president rather than acting to embarrass him.

The truth is rather different.

Under the Presidential Records Act, which is the 1978 law governing the custody of current and former presidents' records, requests for presidential documents follow a two-tiered decision-making process. Requests from congressional committees are forwarded from the National Archives (where the records are stored) to the White House. The White House then makes a decision about what is and what isn't classified, and thus what's available to be subpoenaed and what's not. That decision is made by the White House Counsel's Office in consultation with the National Security Council. If the current White House gives the go-ahead, the former president in question still has the right to try to invoke executive privilege to block the release.

In the case of the Clinton-Barak transcripts, the normal procedure would have been for the White House simply to reject Burton's request. Transcripts of private conversations between presidents and foreign heads of government are simply not made available to congressional committees -- certainly not when the conversations are only months old. It wasn't just "out of the ordinary," said one of former President Clinton's high-level advisors. "It was extraordinarily out of the ordinary." Nonetheless, Bush White House counsel Al Gonzales' office decided to be uncharacteristically generous and declassify the material the Burton committee wanted to look at (and, presumably, to leak).

This put the matter back on the former president. Clinton could have attempted to invoke executive privilege to prevent the release of the transcripts. But as the Bush White House Counsel's Office well knew, such an attempt would have been legally questionable and, more importantly, politically disastrous. Early in the pardon scandal, the former president had pledged full cooperation with all investigations and specifically ruled out any executive privilege claims, so he had little choice but to let the documents go. "The standard response would have been to deny access to these records," said one legal source close to the former president back in August. "But the current White House declassified [these] portions of the tape, thereby putting it back on the [former] president."

In other words, narrowly speaking, the former president did indeed agree to the release of the documents -- but that was only because the Bush White House gave him no choice. Once the current White House Counsel's Office took the nearly unprecedented step of declassifying the transcripts, their release was pretty much a fait accompli.

In common parlance, the new occupants of the White House had put the squeeze on the old one. But that's not the end of the story.

After Newsweek published the Clinton-Barak excerpts, lawyers close to former President Clinton decided that other excerpts that had not been released would place the conversations and Clinton's actions in a more benign context. Former deputy White House counsel Bruce Lindsey, now acting on the former president's behalf, filed a request with the National Archives to secure the release of all the passages in which Clinton and Barak talked about the Marc Rich, not just those the Bush team had already sent to Congress.

Following established procedures, the National Archives sent the request along to the Bush White House. But the reply they received was a firm "no."

The reason from the White House? Those other passages were classified.

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