Tuesday evening, I tweeted a quote from the movie and added my editorial comment as I watched The Decade of Discovery in the McGowan Theater at the National Archives and Records Administration (NARA). “Solutions from dialogue not debate. Indeed.” I came away thinking about how litigators, whose jobs require adversarial stances, came together in the Sedona Conference framework to resolve e-discovery issues. And what it takes to work together.
Tuesday was a cold, windy day, with Washingtonians awakening to an inch or two of snow. Nothing like the blizzard that hit New England, luckily for us. The National Archives shared information on Facebook on the status of its museum and research rooms by using a photo of its museum side taken in 1936.
I thought about my late sister, Eva, who always trekked into work at the National Archives in Washington and later in suburban College Park, Maryland, even on days when she could have taken unscheduled leave and stayed home. As I do, she loved to walk, and went out on the jogging trail no matter what the weather. Eva loved the National Archives and was dedicated to her mission as a team leader and supervisory archivist in the national security classified records declassification unit.
What motivates people is very individual. But many workplaces, private or public sector, have officials and staff such as Eva. We should celebrate them. One person’s dedication to his or her job does not diminish anyone else who also takes pride in a job. How people do their jobs and why they choose to work in the professions they do, or take employment in the private or public sector, need not be a contest. Pride in accomplishments, viewing mission as transcendent, are affirmative actions, not threats to what others do.
And although it is difficult, discussing the human element in federal record keeping–especially the spoken and unspoken concerns of records creators–need not be avoided or shunned. You can’t craft realistic solutions if you don’t take into account what you do not know about the lives of others.
On the Internet and IRL, discussions about issues that involve federal employees sometimes deteriorate into sniping about value, with cartoonish depictions, politicization of issues, othering, putdowns. So, too, attempts to bridge divides among related professions.
More and more, I’m drawn to the light, which I often find these days within NARA. My favorite moment during the panel discussion that followed the screening of the film came as NARA General Counsel Gary M. Stern spoke from the stage. Gary and I exchanged greetings as he came into the theater.
I also enjoyed chatting briefly with AOTUS David S. Ferriero before and after the event. A gracious host–and one with a sense of humor. As he took the podium and began his opening remarks, members of the audience kept talking. That doesn’t usually happen! David added to his customary, “I’m David Ferriero, Archivist of the United States,” a smiling comment about interrupting the ongoing conversations among members of the audience. Hah! Well played.
Near the end of the panel discussion that followed the movie, Gary offered wise counsel to listeners. He commented after Anne Weismann, a former Department of Justice lawyer who now is Chief Counsel at Citizens for Responsibility and Ethics in Washington (CREW) described how litigation sometimes is the best available option. Gary understands both sides, having been a lawyer at the ACLU before joining government service.
As a representative for the ACLU in 1989, Gary Stern was instrumental in obtaining a Temporary Restraining Order that resulted in preservation of backup tapes of the PROFS email system at the end of the Reagan administration. Gary pointed out that in lawsuits involving the White House, National Archives officials are named as defendants.
As I noticed when I left the theater, two former Presidential Libraries officials, Nancy Smith and Sharon Fawcett, both retired now, were present in the audience yesterday. I also spotted my old friend John Powers, a former employee of the NARA Nixon Presidential Materials Project where I once worked. John now is an official with NARA’s Office of Information Security Oversight.
Archival issues are complex. Even more so is the environment in Washington. I smiled and nodded as Gary turned to the near capacity crowd that filled the McGowan Theater and said, “Come talk to us” before filing a lawsuit. Sometimes litigation is inevitable and draws attention to issues that otherwise might not be addressed. At other times, an exchange of perspective leads to understanding or willingness to hit the pause button. To wait and see how issues play out.
As in so many issues, professional judgment is a factor. When I heard Gary (at left, below) urge dialogue, and Anne agree that it sometimes works (she cited an instance in which CREW withdrew a Complaint), I thought, “Sing it, brother!”
I didn’t have an opportunity to talk to Anne Weismann yesterday. But I appreciate the fact that I was able to introduce myself to her during the Society of American Archivists (SAA) conference last August. You see her next to Gary Stern in the photo I took last summer during a session on the PROFS case. SAA, a comfortable setting for me, as is NARA, was a good place for me to talk to Anne.
I asked Weismann in August how some records issues look to her as someone who once was a federal creator of records–an official under message discipline, with complex and sometimes competing internal and external obligations, including a representational function–and now sometimes sues for access to them.
E-discovery is just one of many elements that affects federal record keeping, including in very complicated ways not addressed by the panel yesterday. There are many others, of which you catch glimpses, sometimes directly, sometimes indirectly, online. Some archival and records issues in Fedland are affected by elements different than what information professionals face elsewhere.
There are simple things you can do to help us. One involves the Golden Rule.
As news links, vitriol in comments section of newspapers, and other web sites show, we in Fedland are at greater risk of having our actions and words met with demagoguery than are information professionals in other settings. It ranges from small, gratuitous putdowns to vitriolic assaults. These assaults are why I sometimes refer to the quiet courage of public servants who come to work each day and strive to do their best to serve their country.
We don’t attack corporations or academia as generic places to work as archivists or records managers. Why would we? It makes no sense to do so. We don’t hold hostile views of them. Moreover, attacking professions or workplaces generically reflects poor tactical thinking and weak strategic communications. Such actions are corrosive. Partnership and finding solutions depend on trust building.
Think about what it would be like to work in a corporate or an academic setting and face constant sniping from outsiders about your work ethic and your values–or other defamatory comments–not because of anything you and your colleagues do but simply because of where you work. One of many reasons why I urge people to stand up for each other, to act as forces for good. To “live dangerously” in archival advocacy. To build, not throw away, professional capital.
The Sedona Cooperation Proclamation states
“Leading jurists, trial attorneys, corporate counsel, government lawyers, and others are signing onto ‘The Cooperation Proclamation.’ By doing so, they are pledging to reverse the legal culture of adversarial discovery that is driving up costs and delaying justice; to help create ‘toolkits’ of model case management techniques and resources for the Bench, inside counsel, and outside counsel to facilitate proportionality and cooperation in discovery; and to help create a network of trained electronic discovery mediators available to parties in state and federal courts nationwide, regardless of technical sophistication, financial resources, or the size of the matter.”
This, even more so than the fascinating story of e-discovery, is the lesson of The Decade of Discovery. (You can view the trailer for the movie here.) Cooperation requires dialogue. And when possible, deliberate attempts to step away from adversarial stances.
To what Gary Stern said yesterday, I would add this: “Come talk to us. And listen, too. To what we say. And consider also what we do not or cannot say. As we seek to do with you. And look for opportunities to speak up, not just to share your perspective and experiences, but to learn. And help enhance understanding of what we face, as different members of a larger community, as well.”

















































