Cached link: http://webcache.googleusercontent.com/search?q=cache:Ith6HIWTzgEJ:fas.org/blogs/secrecy/2016/05/archivist-record/+&cd=1&hl=en&ct=clnk&gl=us http://

Cached link: http://webcache.googleusercontent.com/search?q=cache:Ith6HIWTzgEJ:fas.org/blogs/secrecy/2016/05/archivist-record/+&cd=1&hl=en&ct=clnk&gl=us http://webcache.googleusercontent.com/search?q=cache:Ith6HIW... The ending is the clearest part: Although the Archivist has independent legal authority to determine the status of federal records under the Presidential and Federal Records Act Amendments of 2014, he remains an executive branch official and he is not politically autonomous. In the face of FOIA litigation, which takes precedence as a practical matter, it actually is “routine” (or at least unsurprising) for the Archivist to defer to the Justice Department and to abstain from unilateral action. If the ongoing FOIA litigation ultimately led to a determination that the Senate report is a “record” for purposes of FOIA, then it would be easy for the Archivist to concur. If not, then it would be more difficult, but not altogether impossible, for the Archivist to conclude that the report is nevertheless a federal record. “The determination of record status under the FRA and the Freedom of Information Act (FOIA), while not identical, is similar,” the Archivist wrote. In any event, while an immediate resolution of this dispute is foreclosed by the Archivist’s refusal to intervene, the larger question of the status of the Senate report as a federal record remains open. Legal technicalities aside, it would be astonishing if the full Senate Committee report were not preserved for posterity one way or another, and eventually published. Even if it is not the last word on post-9/11 detention and interrogation, and even if not every word of it turns out to be true and correct, the Committee report has already become central to public discourse on the subject. If it became possible to erase it from the historical record in some kind of Stalinesque act of suppression, then we would all have bigger problems to worry about.