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Obama's first act as President EXECUTIVE ORDER 13489 banning release of any of his records
Fewderation of American Scientists ^

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 - - - - - - -

PRESIDENTIAL RECORDS

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.

BARACK OBAMA

THE WHITE HOUSE, January 21, 2009.


TOPICS: Government; Politics/Elections
KEYWORDS: agenda; article2section1; barackobama; bho44; bhoeo; bhofascism; birthcertificate; birthers; certifigate; colb; democrats; first100days; ineligible; nara; naturalborn; obama; obamanoncitizenissue; obamarecord; obamatruthfile; president; qualification; thekenyan; transparency
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To: balls

I read regs all the time and my interpretation is the correct one.


41 posted on 07/30/2009 6:54:48 PM PDT by balls ("Our government isn't ours any more" - stockpirate)
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To: kaizen

The Executive Order you are talking about does exactly the opposite of what you say it does. In addition, it revokes Executive Order 13233 that G.W. Bush signed into law at the beginning of his first term and kept presidential records secret for 12 years, which was conveniently long enough to keep the records from his father G.H. Bush’s presidency under wraps until the end of G. W’s first term.


42 posted on 07/30/2009 7:23:38 PM PDT by balls ("Our government isn't ours any more" - stockpirate)
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To: Owl_Eagle

It’s boilerplate, but changes the details. Read #37 and #42


43 posted on 07/30/2009 7:29:42 PM PDT by balls ("Our government isn't ours any more" - stockpirate)
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To: kaizen

Where does one get purple velvet and ermine fur trim for the robe?


44 posted on 07/31/2009 11:32:27 AM PDT by Teapot Tempest
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To: kaizen; PhilDragoo; devolve

All Hail King Barack!

bump!


45 posted on 08/16/2009 12:15:26 PM PDT by MeekOneGOP (2008: The year the Media died. --Sean Hannity, regarding Barack HUSSEIN ObaMao's treatment ...)
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To: Colorado Cowgirl
But he can’t hide the smell, Obama you STINK!!!

- - - - -

His initials ALONE give him agway! :)


46 posted on 08/16/2009 12:18:41 PM PDT by MeekOneGOP (2008: The year the Media died. --Sean Hannity, regarding Barack HUSSEIN ObaMao's treatment ...)
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To: kaizen; penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; ...
Witness the diabolical and cunning evil of these cretins.

By this EO, they even prevented Pres. Bush and/or any former President from revealing any information they knew about him, his father, his eligibility, passports, etc., as well as any future President, who may come across pertinent information!

~~~~

"governing the assertion of executive privilege by incumbent and *former Presidents*"

"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."

"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."

47 posted on 08/16/2009 12:51:42 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: kaizen
Its always good to know who you are dealing with and this guy is a terrorist Manchurian IMHO.
48 posted on 08/16/2009 1:24:43 PM PDT by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: STARWISE

State’s right versus federal. Let the showdown begin.


49 posted on 08/16/2009 1:29:51 PM PDT by FTJM
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To: Regulator

That SOB.

He is below contempt.

His sheep are worse.


50 posted on 08/16/2009 1:44:08 PM PDT by bannie
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To: bannie

Amen!


51 posted on 08/17/2009 8:25:44 AM PDT by stephenjohnbanker (Pray for, and support our troops(heroes) !! And vote out the RINO's!!)
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To: kaizen

Key witness in passport fraud case fatally shot-
Washington Times

http://www.freerepublic.com/focus/news/2232588/posts?page=104


52 posted on 08/17/2009 12:02:37 PM PDT by Dubya-M-DeesWent2SyriaStupid! (Obama, the first ever 3 in a half year, lame duck TOTUS)
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To: kaizen

The stupidity in these threads keeps piling up, no matter how much you hose it out. This notion was debunked months ago. This E.O. deals with federal government materials, and has nothing to do with state records, or anyone’s personal records, over which POTUS has no authority.


53 posted on 08/17/2009 2:54:55 PM PDT by Redwood Bob (Peter Schiff for U.S. Senate 2010!)
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To: kaizen

Someone please tell me this is a joke... please.


54 posted on 08/17/2009 9:23:33 PM PDT by April Lexington (Study the constitution so you know what they are taking away!)
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To: Eva

“One of the areas that Obama has successfully covered up is the year as head of the Harvard Law Review. It’s a little unbelievable that Obama never wrote a single legal review as the head of the Law Review. That’s what they do, review laws. Someone knows what he produced.”

******************

Harvard Law Review articles are unsigned. They are generally group efforts. The articles are legal commentary by law students. They don’t “review laws”.


55 posted on 08/19/2009 9:09:08 PM PDT by Redwood Bob (Peter Schiff for U.S. Senate 2010!)
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To: Redwood Bob

Of course reviewing laws is pretty much the same thing as legal commentary, but you knew that.

So, you are telling me that as head of the Harvard law review Obama would not have produced a single article with his name on it?

Do the articles never have a single author? Just what duties and contributions did Obama make to the Harvard Law review as the head of that organization?


56 posted on 08/20/2009 8:00:03 PM PDT by Eva (union motto - Aim for mediocrity, it's only fair.)
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To: Eva

Did Obama pass the Bar? Lots of black lawyers dont.


57 posted on 08/20/2009 8:14:54 PM PDT by Chickensoup (minestra di pollo)
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To: kaizen

Wow!!! A guy on a political forum I frequent posted a link to this site. I must say I’m surprised and saddened that everyone thinks this particular executive order is a new thing and mentions anything about Obama’s personal records.

Maybe we should compare the wording to this one from 2001 and see what’s different.

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


58 posted on 08/24/2011 11:31:11 PM PDT by bugser
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To: griswold3
"No one from Columbia ever saw him in a class or on campus.” "

Did anybody ever see him at Hahvad? Has anybody ever found any old girlfriends from anywhere, anytime? Any old boyfriends? How about high school?

59 posted on 02/11/2012 12:03:29 AM PST by matthew fuller (Obama has definitely earned a second term- 99 years in Leavenworth USP.)
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To: kaizen

Search EXECUTIVE ORDER 13489 Wiki


60 posted on 08/23/2012 11:41:17 AM PDT by LurkedLongEnough
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