Kissinger v. Reporters Committee for Freedom of the Press
Encyclopedia
Kissinger v. Reporters Committee for Freedom of the Press
, , is a decision by the Supreme Court of the United States
involving the Freedom of Information Act. The Supreme Court ruled that Henry Kissinger
was not required under the Act to turn over transcripts of phone conversations he made as an adviser to President
Richard Nixon
.
By a 5–2 margin, the court overturned the decisions of two lower Federal courts and decided that Kissinger's removal of the transcripts from the State Department
removed the documents from the purview of the Freedom of Information Act. In his opinion for the majority, Associate Justice William H. Rehnquist noted that once the documents had been withdrawn, "the agency has neither the custody or control necessary to enable it to withhold."
Kissinger had removed thousands of pages of the phone transcripts in the waning days of his term as Secretary of State. The documents were first stored at Nelson Rockefeller
's Kykuit
estate in Westchester County, New York
and were later given to the Library of Congress
. In a decision affirmed by the United States Court of Appeals
, the United States District Court
ruled that Kissinger had "wrongfully removed" the documents and ordered the Library of Congress to return the papers to the State Department so that they could be processed for disclosure.
The Supreme Court confirmed the decisions of the lower courts that Kissinger's transcripts when he was Richard Nixon
's national security advisor
did not fall under the purview of the Freedom of Information Act, nor would it apply to any other member's of a President's executive office staff. The only documents that were legitimately covered by the request would have been from his term as Secretary of State from September 1973 to January 1977.
Reporters Committee for Freedom of the Press
The Reporters Committee for Freedom of the Press is an American nonprofit organization, founded in 1970, that provides free legal assistance to and on behalf of journalists. A number of prominent journalists presently sit on the organization's steering committee, including Dan Rather, and Judy...
, , is a decision by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
involving the Freedom of Information Act. The Supreme Court ruled that Henry Kissinger
Henry Kissinger
Heinz Alfred "Henry" Kissinger is a German-born American academic, political scientist, diplomat, and businessman. He is a recipient of the Nobel Peace Prize. He served as National Security Advisor and later concurrently as Secretary of State in the administrations of Presidents Richard Nixon and...
was not required under the Act to turn over transcripts of phone conversations he made as an adviser to President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
.
By a 5–2 margin, the court overturned the decisions of two lower Federal courts and decided that Kissinger's removal of the transcripts from the State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
removed the documents from the purview of the Freedom of Information Act. In his opinion for the majority, Associate Justice William H. Rehnquist noted that once the documents had been withdrawn, "the agency has neither the custody or control necessary to enable it to withhold."
Kissinger had removed thousands of pages of the phone transcripts in the waning days of his term as Secretary of State. The documents were first stored at Nelson Rockefeller
Nelson Rockefeller
Nelson Aldrich Rockefeller was the 41st Vice President of the United States , serving under President Gerald Ford, and the 49th Governor of New York , as well as serving the Roosevelt, Truman and Eisenhower administrations in a variety of positions...
's Kykuit
Kykuit
Kykuit , also known as John D. Rockefeller Estate, is a 40-room National Trust house in Westchester County, New York, built by the oil businessman, philanthropist and founder of the prominent Rockefeller family, John D. Rockefeller, and his son, John D...
estate in Westchester County, New York
Westchester County, New York
Westchester County is a county located in the U.S. state of New York. Westchester covers an area of and has a population of 949,113 according to the 2010 Census, residing in 45 municipalities...
and were later given to the Library of Congress
Library of Congress
The Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...
. In a decision affirmed by the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
ruled that Kissinger had "wrongfully removed" the documents and ordered the Library of Congress to return the papers to the State Department so that they could be processed for disclosure.
The Supreme Court confirmed the decisions of the lower courts that Kissinger's transcripts when he was Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
's national security advisor
National Security Advisor (United States)
The Assistant to the President for National Security Affairs, commonly referred to as the National Security Advisor , serves as the chief advisor to the President of the United States on national security issues...
did not fall under the purview of the Freedom of Information Act, nor would it apply to any other member's of a President's executive office staff. The only documents that were legitimately covered by the request would have been from his term as Secretary of State from September 1973 to January 1977.