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EXECUTIVE ORDER 13489

January 27th, 2010 . by TexasFred

EXECUTIVE ORDER 13489

Anyone want to take a shot at explaining this? Did Obama just give the American people *The Finger*?

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.

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13 Responses to “EXECUTIVE ORDER 13489”

  1. comment number 1 by: HoosierArmyMom

    Yep… our POTUS needs to be tried for treason on this one. He’s making Nixon look like a choir boy!!!

  2. comment number 2 by: Silver Fox

    I’m faxing a copy of this to my attorney, however I seriously doubt he can make heads or tails out of this shit. It might as well be written in Chinese. Maybe I could send it over there.

    This is a great example of the problem with government—no one knows what these bums are talking about. This is absolute bullsh*t! Attorneys and assholes have a lot in common—what comes out stinks to high heaven!

  3. comment number 3 by: Texasgal

    Only thing I was able to fully understand from this is an executive order from 2001 was revoked by Obama…LAST YEAR. It was signed on Jan 21, 2009. That would be shortly after he took office.

    Just one more example of where he wants to have as many ways as possible to screw and blame Bush for any and all problems he might have. If I read it right, he stripped Bush of all Executive Privilege to keep certain records from being disclosed.

    Obama is a snake and he justs crawls lower into the cesspool every day.

  4. comment number 4 by: TexasFred

    TexasGal, that was about all I got out of it too…

  5. comment number 5 by: Vigilante

    This debonaire dickwad is forgetting that these so called “executive orders” can be nullified by the NEXT president and I hope HE/SHE does just that. None of this shit of letting sleeping dogs lay horseshit, Nail his rotten ass along with reid and pisslousy for treason against the USA.
    Strip his muslim ass name from ALL bills and orders and send
    him and his wookie back to kenya where they belong. Even THEY probably don’t want that pair. They’er already tearing down his statue. That’s enough to piss a narcissist off!!!!!

  6. comment number 6 by: HoosierArmyMom

    This is probably the part of executive order 13233 (Bush order from 2001) Obozo wanted revoked… smell anything funny here?????

    Sec. 6. Right of Congress and Courts to Obtain Access.

    This order does not expand or limit the rights of a court, House of Congress, or authorized committee or subcommittee of Congress to obtain access to the records of a former President pursuant to section 2205(2)(A) or section 2205(2)(C). With respect to such requests, the former President shall review the records in question and, within 21 days of receiving notice from the Archivist, indicate to the Archivist his decision with respect to any privilege. The incumbent President shall indicate his decision with respect to any privilege within 21 days after the former President has indicated his decision. Those periods may be extended by the former President or the incumbent President for requests that are burdensome. The Archivist shall not permit access to the records 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.

  7. comment number 7 by: Always On Watch

    A mighty lot of legalese in this.

    Best I can understand, BHO made a Nixonian move.

    How many exec orders has he issued, anyway?

  8. comment number 8 by: TexasFred

    List of United States federal executive orders

    Obama’s list is at the bottom of the page…

  9. comment number 9 by: HoosierArmyMom

    I think he’s covering the corruption in the White House. Heck Geitner isn’t giving info on the missing trillions that got paid out to AIG. This whole administration is corrupt.

  10. comment number 10 by: minuteman26

    Where in the Constitution does it state we have to accept a lying, left wing, Commie, MFer as POTUS. Time to throw his ass out.

  11. comment number 11 by: Bloviating Zeppelin

    Is this a successful attempt to keep any of Mr Obama’s records private? As in, for example, medical records and matters of a particular birth certificate, perchance?

    BZ

  12. comment number 12 by: Conservamom

    Just more of that ‘openness’ he was spouting off about. *snicker*

  13. comment number 13 by: Don

    I am by no stretch of the imagination a lawyer. But to me it seems as if this is El Presidente’s attempt to make it easier to nail Bush and Cheney on whatever it is he thinks they did.

    Combine this with KSM getting a civilian trial where Holder himself said to the Senate Judiciary Oversight Committee that certain practices (Enhanced Interrogation Techniques) under the previous administration would be “not necessarily admitted in a military commission” and I think a pattern emerges.

    Sentaor Kyl questions Holder

    This EO removes Cheney’s (as Vice President) Executive Privileges.

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