Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Munz
The first thing Obama did when he took office was to seal his records un Anyone who makes them public does so under penalty of law.

That is utter hogwash. We've debunked that birther rumor many times. See my FR home page for the links to the EO's referenced below.

Rumor: Barack Obama's first action as POTUS was to sign an Executive Order sealing all of his records.

Truth: Barack Obama's first Executive Order, 13489, was regarding the release of Presidential Records from the National Archives. The National Archivist does not maintain or administer the State of Hawaii's vital records or any State's university transcripts, which are the records to which birthers want access. Obama's EO 13489 revoked Bush's EO 13233 on Presidential Records, which revoked Reagan's EO 12667 on Presidential Records.

306 posted on 09/02/2010 10:29:16 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
[ Post Reply | Private Reply | To 302 | View Replies ]


To: BuckeyeTexan

I am well aware of the rule he signed.
It is here
http://www.fas.org/sgp/obama/presidential.html

I think you missed my point and after reading all the flaming going on, I really don’t want to get into it with anyone.

What i said stands. He sealed his records under presidential order. It was in fact the first thing he did within his power.

I said nothing about Hawaii, that took care of itself with new regulations and laws.


310 posted on 09/02/2010 10:54:00 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
[ Post Reply | Private Reply | To 306 | View Replies ]

To: BuckeyeTexan; Red Steel; Munz; onyx; penelopesire; maggief; hoosiermama; seekthetruth; ...

The two EO’s are not the same in intent.

Pres. Bush

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=fr05no01-104.pdf

Obama

http://edocket.access.gpo.gov/2009/pdf/E9-1712.pdf

Example - Obama’s:

“Sec. 4. Claim of Executive Privilege by Former President.

(a) Upon receipt of a claim of executive privilege by a
living former President, the Archivist shall consult with
the Attorney General (through the Assistant Attorney
General for the Office of Legal Counsel), the Counsel to
the President, and such other executive agencies as the
Archivist deems appropriate concerning the Archivist’s
determination as to whether to honor the former President’s
claim of privilege or instead to disclose the Presidential
records notwithstanding the claim of privilege.

Any determination under section 3 of this order that
executive privilege shall not be invoked by the incumbent
President shall not prejudice the Archivist’s determination
with respect to the former President’s claim of privilege.

(b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order.

The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth
in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney
General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.”

~ ~ ~

President Bush’s

“1) When the former President has requested withholding of the records:

(i) If under the standard set forth in section 4 below, the incumbent President concurs in the former President’s decision to request withholding of records as privileged, the incumbent President shall so inform the former President and the Archivist.

The Archivist shall not permit access to those records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.

If under the standard set forth in section 4 below, the incumbent President does not concur in the former President’s decision to request withholding of the records as privileged, the incumbent President shall so inform the former President and the Archivist.

Because the former President independently retains the right to assert constitutionally based privileges, the Archivist shall not permit access to the records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.”

~ ~ ~ ~

The controlling heavy hand of -0 is obvious to me.


312 posted on 09/02/2010 11:07:39 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
[ Post Reply | Private Reply | To 306 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson