Bush-era records released under the Freedom of Information Act raise concerns about the powers presidents might claim during crises, from suspending habeas corpus to implementing an internet kill switch.
In response to Freedom of Information Act requests, the George W. Bush Presidential Library turned over to the Brennan Center more than 500 pages generated during this review and subsequent reviews in 2006 and 2008. (Another 6,000 pages were withheld in full because they are classified.)
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As with any archival expedition, the silences are often the most telling. William Arkin, a noted expert on PEADs, reviewed the new materials disclosed by the library and observed that they relate primarily to civil agencies—few, if any, touch on the role of the military in times of crisis. He suggests that this "black side" would have been discussed at a higher level of classification. By implication, the most daring claims to presidential power may have been entirely excluded from this tranche of documents.
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