(2016-0998-F) Presidential Succession

The materials in FOIA 2016-0998-F are a selective body of documents responsive to the topic of the FOIA. Researchers should consult the archivist about related material. FOIA case 2016-0998-F contains records concerning planning for the continuity of the Presidency in the event of the President’s death or disability. Specifically these records address the circumstances and mechanisms for the invocation of the 25th Amendment should the President be unable to discharge his duties. A response to the assassination of John F. Kennedy, the Amendment was adopted on February 10, 1967. Under the 25th Amendment, there are two mechanisms for the transfer of power in the event of the disability or death of the President. Section 3 allows the President to temporarily name the Vice President acting President. This was first invoked by President Reagan during his surgery for an intestinal tumor in 1985, establishing a tradition of presidential transfer of power during medical procedures requiring the use of general anesthesia. Section 4 allows the Vice President, with the majority of the Cabinet, to determine that the President is unable to discharge his duties. It has never been invoked, though it was considered in the aftermath of the assassination attempt on President Reagan in 1981. President Clinton did not invoke Section 3 of the 25th Amendment during his administration. His knee surgery in 1997 was performed without the use of general anesthesia, making transfer of power to Vice President Albert Gore unnecessary, though preparations were made to invoke the Amendment in the event of surgical complications. In 1994, the Working Group on Presidential Disability was established to address perceived weaknesses in the Amendment. The President’s physician, Dr. Eleanor Concepcion “Connie” Mariano was part of this working group. The group issued their final report in 1997. In addition to reviewing the procedures of the 25th Amendment, in 1998 President Clinton issued Presidential Decision Directive (PDD) 67 on “Enduring Constitutional Government and Continuity of Government Operations.” The PDD remains classified. Many of the records responsive to this FOIA case are located in the files of White House Counsel’s Office staff. Emily Karcher and Beth Nolan’s records include a binder from March 1993 containing briefing materials, procedures, templates, and plans in the event that either Section 3 or Section 4 of the 25th Amendment is invoked. Cheryl Mills’ files contain copies of the 1988 Report of the Miller Center Commission on Presidential Disability and the Twenty-Fifth Amendment, press clipping regarding President Reagan’s transfer of power during his intestinal surgery in 1985, records from the Working Group on Presidential Disability and scholarly articles critiquing the Amendment. In the Counsel’s Office additional records can be found dealing with the death or disability of the President. The files of David Apol and Bruce Lindsey contain memoranda concerning the ambiguities of the 25th Amendment, two page summaries focusing on various other succession questions (largely what to do if both the President and Vice President are unable to govern), and assorted memoranda to the Attorney General about presidential succession and delegation in cases of disability and prior presidential disabilities. Cheryl Mills has a series of folders addressing the issue of presidential disability. A memo from the Executive Clerk (Ronald Geisler at that time) details “Immediate Presidential Actions to be Considered in the Event of the Death of the President or a Former President.” The list lays out seven specific steps that should be taken. These files have documents on the deaths of Franklin Roosevelt, John Kennedy, Dwight Eisenhower, Harry Truman, and Lyndon Johnson and the procedures that were followed beginning with a statement expressing the nation’s grief and ending with the arranging for memorial services. Although National Security Council (NSC) staff files were processed in response to this request, the majority of these were closed for reasons of national security. The only released document from these offices is a briefing on the overlap between PDD 62 on Combatting Terrorism, PDD 63 on Critical Infrastructure Protection, and the U.S. Policy on Continuity of Government. It is located in the records created by Roger Cressey on the Transnational Threats directorate. In addition to the NSC staff files, the NSC Records Management Office numbered documents contain a memo from the Department of Defense requesting a copy of PDD-67. In addition to these textual materials, electronic records were also processed in response to this FOIA request. Email from the Automated Records Management system and Tape Restoration Project contains correspondence between White House Military Office employees concerning preparations for emergency actions and Presidential travel. Email contains correspondence to and from White House Staff concerning government-wide Continuity of Operations (COOP). Email further contains transcripts of press concerning President Clinton’s 1997 knee surgery as it related to the 25th amendment. The Automated Records Management System (ARMS) Emails received by NSC staff members contain transcripts of Meet the Press and PBS News Hour tapings during which hypothetical use of the 25th Amendment was mentioned. In addition, the NSC Email system contains press materials regarding President Clinton’s overall health, as well as transcripts of briefings and interviews before, during, and after his knee surgery. These emails also contain logistical discussions regarding the development and transmittal of PDD 67.