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.
Had he received any U.S. taxpayer funding for his education? If so, it seems as though the freedom of information act would allow us to find out where our tax dollars were spent. Did any of our tax dollars go for foreign student assistance under any of Obomas three identities? How much, how long, and to what campus organizations?
His speech accent drives me up a wall. It is an affectation, and he plays it up depending on the audience.
William Ayres was living one block from the Columbia College campus at the time that Obama was supposed to have been in school there, but we don’t know if they ever met. We don’t even know where Obama lived while he was supposed to be at school at Columbia College.
Only a natural born American president, Constitutionally, has the authority to give this order. Under what authority was this done? Because there are no available documents to show this authority, can this legally be done? The order should be considered null and void until the authority to do so is verified.
If Harvard is aiding and abetting a Constututional illegality, wouldn't they be held liable if this turns out to be the case? How sure are they about what they're doing?
I read somewhere here that the year(s) that Obama said he went to Pakistan, it was on a boycotted “no-travel” list for U.S. citizens.
(Hey - trick question for Zero! Ask him that! “Well, I did nothing illegal as I was not a U.S. Citi.... uhm - I used my dual-purpose Indonesian passport.”)
Oops - my mistake. Turns out travel to Pakistan was NOT banned in 1981:
US State Department Travel Advisory for Pakistan in 1981, No. 81-33A
Before traveling to Pakistan, American Citizens should be aware of the following updated visa requirements: 30 day visas are available at Pakistani airports for tourists only. As these visas are rarely extended beyond the 30 day time per visa. Tourists planning to stay longer should secure visas before coming to Pakistan. Any traveler coming into Pakistan overland from India must repeat must have a valid visa, as 30 day visas are not repeat not issued at the overland border crossing point at Wagha.
This is why it is SO important that we dont let them regulate the internet with hate speech laws. Main stream media is controlled and cannot report anything they dont want us to know.
I heard something on the radio a few days ago about some of Obama’s records from Occidental College being released under freedom of information act that indicated that he had applied for and received student aid (financial aid) as a foreign student. This type of aid was only abailable to foreigh born students......
That was an April Fools prank. There's been no such release.
This type of aid was only abailable to foreigh born students......
Because it was so hard for a black college student to get student aid in the 1980s. Seriously, if you had your choice to apply for a scholarship or student aid in 1979, do you really think you'd be better off as a foreign student than as a black American student?
One more thing. Occidental College is a private school, and it’s records wouldn’t be subject to an FOIA request.
This link and copy of the order should be sent to every media outlet! We need to make sure that the Tea-Party folks bring them to the 9-12 rally in Washington, DC.
This is really begining to smell really bad.
notice how, at the time, this wasn’t even on the radar because he also signed the order to close Gitmo and that had every news cycle covering that issue and ignoring this.
A man named Frank Marshall Davis, a black activist back in the late 50's, had an affair with a young 15 year old girl named Ann. The activist was married at the time. There were no abortion laws back, so imagine what would have happened to a 40 some year old black activist who knocked up a 15 year old white teenager back in those days. If I were Frank Marshall, I'd get her out of town, or even ship her off to Kenya, A.S.A.P.
It is overwhelmingly agreed it was Marshall who took the nude photos of Obomas mother we see on the Internet today. The photographer was referred to as "Frank", and the pictures are in front of his home.
Oboma not only has his family life to hide, I can just imagine some of the left wing activist groups and foreign organizations he was or is associated with. If Davis is indeed his father, I wouldn't doubt Oboma has deep ties with the Black Panthers, and the associated activities could have a history tied to his college years.
There's no logical reason for him to be ashamed of going to Columbia and being proud of what he's accomplished. There's no reason to be ashamed of his American birth records, either. Is he not proud to have been able to enter a prestigious American University? Is he not proud to have been born an American?
Don’t waste your time publishing your thoughts. They don’t matter and just add noise. All we need to focus on is asking for proof that 0 satisfies Article II, Section I, Cl. 5 of the Constitution.
That’s OK. On his third day in office - with nothing else of importance going on, Obama remembered to send a personal letter of congratulations to his hospital in Hawaii - but sent it to the wrong hospital.
(Well, at least a different hospital than what he earlier had claimed - so maybe it was sent to the right hospital in HI.)
not to be made public as requested
being made public, as requested
not to be made public as requested
being made public, as requested
You need to read it, again. You misinterpreted it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.