Skip to comments.Obama's first act as President EXECUTIVE ORDER 13489 banning release of any of his records
Posted on 07/30/2009 9:19:37 AM PDT by kaizen
THE WHITE HOUSE Office of the Press Secretary
For Immediate Release January 21, 2009
EXECUTIVE ORDER 13489 - - - - - - -
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order:
(a) "Archivist" refers to the Archivist of the United States or his designee. (b) "NARA" refers to the National Archives and Records Administration.
(c) "Presidential Records Act" refers to the Presidential Records Act, 44 U.S.C. 2201-2207.
(d) "NARA regulations" refers to the NARA regulations implementing the Presidential Records Act, 36 C.F.R. Part 1270.
(e) "Presidential records" refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records.
(f) "Former President" refers to the former President during whose term or terms of office particular Presidential records were created.
(g) A "substantial question of executive privilege" exists if NARA's disclosure of Presidential records might impair national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the executive branch.
(h) A "final court order" is a court order from which no appeal may be taken.
Sec. 2. Notice of Intent to Disclose Presidential Records. (a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the incumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist. 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. (b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice. If a shorter period of time is required under the circumstances set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice.
Sec. 3. Claim of Executive Privilege by Incumbent President. (a) Upon receipt of a notice of intent to disclose Presidential records, the Attorney General (directly or through the Assistant Attorney General for the Office of Legal Counsel) and the Counsel to the President shall review as they deem appropriate the records covered by the notice and consult with each other, the Archivist, and such other executive agencies as they deem appropriate concerning whether invocation of executive privilege is justified.
(b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under subsection (a) of this section, may jointly determine that invocation of executive privilege is not justified. The Archivist shall be notified promptly of any such determination.
(c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General.
(d) If the President decides to invoke executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an incumbent President or by a final court order.
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.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked.
THE WHITE HOUSE, January 21, 2009.
All Hail the Tribal King
He’s really trying to hide stuff, isn’t he? Loser.
“which also revokes section 6 of Executive Order 13233 which bans congress and courts from interceding.”
All executive orders can be overturned by a 2/3 vote of congress.
Not that is will happen with this group.
That’s alright. A new President could presumably reverse it.
But he can’t hide the smell, Obama you STINK!!!
No, an “existing” new, democratic, liberal, extremist, Marxist, socialist president overturned precedent - and is now hiding - without media objection of course! - what a previous republican president RELEASED voluntarily.
Of course, this open and transparent White House is simply going back to Hillary’s concealment and dishonesty policies of the PREVIOUS democrat presidency.
How is this one different?
It's not like the NARA would have his birth certificate, transcripts, senior thesis, etc.
This is the information that the Media needs to have put in their face. The fact that he is hiding behind his own Executive order signed on Jan 21, 2009.
What would have happened if George Bush would have signed an order like this!
This is totally outrageous and needs to be put out in public to see that Obama is hinding behind his own made up rules.
We the people deserve to know the truth.
Of course...It’s all about Barry....His EGO.......Didn’t go straight to work to help the American people out of this economic mess...He went to work covering his records. I hope he goes down like Carter a one term loser President......
Marmion is an epic poem by Walter Scott about the Battle of Flodden Field (1513) that was published in 1808.
One of the most famous quotations in English poetry is derived from Canto VI, XVII:
Oh, what a tangled web we weave
When first we practise to deceive!
Change this to a Republican president, and it’s all over the news 24/7 and cries of “dictator” can be heard in congress.
TOO MANY KNOW THINGS , EVEN IF OT BREAKS AN EXECUTIVE ORDER , THE TRUTH WILL COME OUT. THERE ARE REWARDS OUT THERE.
Hawaii law allows an adult to alter, or amended, the birth records a hospital has on file. The original is still filed, but an amended version is created. The adult is allowed to alter information such as birth date, father, nation of birth, etc., provided they have documentation to prove what is being altered is true. BUT, with a foreign born infant, the entire birth record is considered "assumed". Because everything is "assumed", so are the alterations. No proof is then necessary for the amendment. The amended foreign born certificate, or foreign born adoption certificate, is not legally valid as proof of natural U.S. citizenship because the missing information.
I would think an amended document would also require a date indicating the day of the amendment. Maybe a stamp on the back of the document for the records.
Description of foreign born adoption - basic short form
I believe Obomas has no long, natural born Certificate of Live Birth to provide. I believe all he has are forgin born formats: original forign born, adoptive forign born, and ammended forign born.
What no one has been able to uncover is what Obama did as a student at Columbia College. Columbia College is a separate divisin of Columbia university, an unstructured degree program where the students can more or less devise their own curriculum and sign a contract to complete it. It seems as though Obama never attended any classes at Columbia and may have spent the two years in Pakistan. No one from Columbia ever saw him in a class or on campus.
It will eventually come out, it may be years after he is out of office, but it will eventually come out.
“No one from Columbia ever saw him in a class or on campus.”
Now, I’ve heard that too. Curiouser and curiouser.
Maybe he was at some training camp/school in Pok-ee-ston....