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.
The EXECUTIVE ORDER HE REVOKED 13233 of November 1, 2001 ( see Sec. 6 above)
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.
As you can see the ability to over ride a President invoking executive privilige is neatly removed from the books. This gives Obama freedom to pick and chose what information can be released to the public, including his legal status as an AMERICAN CITIZEN. It will be much harder to examine the records of future President. Is this Transparant policy in action?
Sunday, February 21, 2010
Thursday, February 18, 2010
Why Big GOVERNMENT Won't Work
The premis of BIG GOVERNMENT is to do more, provide more, be the end all to every problem. History has shown us that under free enterprise this nation has out-grown every other nation in the world. Under free enterprise our standard of living out paced every other country in the world, more people were employed, more people had health care, more people could afford "extras" boats, second cars, snow mobiles, personal watercraft, vacations, wide screen TVs. Why? Because industry when it has access to "CAPITOL" (money, loans) expands, When industry expands it hires more employees, it offers extended hours of work each week, it rewards employees with pay increases and other benefits. When industry can not find capitalization, it grows stagment, when equipment wears out it does not replace it, reseach is cut back, then hours are reduced, next jobs are lost.
Big Government, means large payrolls, Large Payrolls mean higher taxes, higher taxes means less money for the extras, less money for the extras means less need for expansion of business. Less expansion means fewer New Job, therefore less taxable income. When government starts to compete for the available money, (borrowing money, selling treasury notes, etc.) it reduces the capitol needed for buisness to expand, it reduces the incentive to create more just to pay more tax. Money is only a good as what is behind it. (used to be the gold standard)if there is no product to represent our money, (Hard Goods, cars, finished lumber, houses, things that are produced from the ground) Then the money has no value, it is only paper. Government, even big government does not produce any hard good, therefore it should not be in compitition for the available money. Government need to get out of out lives, it need to learn to live in a restrictive budget. It needs to reduce wast, it needs to start seeing itself has the problem, and we need to quit turning to our government to bail us out. Be responsible for yourself and your family. And remind our government it can not out-grow the other sectors of out industry.
Big Government, means large payrolls, Large Payrolls mean higher taxes, higher taxes means less money for the extras, less money for the extras means less need for expansion of business. Less expansion means fewer New Job, therefore less taxable income. When government starts to compete for the available money, (borrowing money, selling treasury notes, etc.) it reduces the capitol needed for buisness to expand, it reduces the incentive to create more just to pay more tax. Money is only a good as what is behind it. (used to be the gold standard)if there is no product to represent our money, (Hard Goods, cars, finished lumber, houses, things that are produced from the ground) Then the money has no value, it is only paper. Government, even big government does not produce any hard good, therefore it should not be in compitition for the available money. Government need to get out of out lives, it need to learn to live in a restrictive budget. It needs to reduce wast, it needs to start seeing itself has the problem, and we need to quit turning to our government to bail us out. Be responsible for yourself and your family. And remind our government it can not out-grow the other sectors of out industry.
Monday, February 8, 2010
One less, but not forgotten.
Today 02/08/2010 John Murtha died. He had been an elected official of the United States congress for manY years. My first reaction, I am sad to say, was, this should be a big help to those who are trying to save this country from bankruptcy. I have to admit I am not and never have been a JOHN MURTHA FAN. In fact I dispise his dishonesty, his corruption of his trust as a representative of our rights and future. He stole by "legal" means taxpayer monies and built his own personal multibillion dollar airport. On a rare week besides his own plane which he takes to D.C. there may be 3 or 4o other flights that actually land at this airport. He has double talked about military support, in armament, in benefits to returning vets, and he has held up improvement of support for families who lost their bread winner while fighting on behalf of the rest of our country. John Murtha will not be remembered for what he truely was, like so many of our politions he will be made into something he never was, or at least in the last years of his life. He will be honored as an American hero, when in fact he should be remembered as a thief in disguise, wearing a congressional headband instead of the noose he deserved. I do hope that somewhere along the way he has made peace with GOD, BECAUSE IN THE END, IT IS GOD WHO WILL MAKE THE JUDGEMENT THAT COUNTS.
Tuesday, February 2, 2010
2nd. breath In the Second month of HIS 2nd. year.
The great liar has stepped up his attack on the American citizen. He went to the enemy,(Republican Retreat) and denied their assertions of his mishandling of the economy, health and his eagletarian manners. The part that made me sad was the fact that very few of the congressional members used what he said as talking points or even admitted they thought he was wrong. The republican party is not the party of conservatives, they have become centrists and are as guilty of betraying the public interests as the liberal left. Floyd Brown has mounted an impeachment action and I am thinking this is our real and only hope. Even Jeb Hensarling who has argued the fiscal waste in our federal government made me feel angry and defeated when he said he liked and respected president obama (capitalization left out on purpose). There is no room at the Inn for obama and company. This county was founded with Christian Principals as the basis of its existance. But a belief in God is reflected in what you support and I am not seeing action showing stated beliefs. It is time for those who are for Christian morals and FREEDOM from government monopoly to rise up and say no more! NO MORE! NO MORE!IT IS TIME FOR THE AMERICAN PEOPLE TO TELL THE WORLD, WE ARE NOT GOING TO KNEEL TO YOUR WISHES ANY LONGER. WE HAVE GROWN FROM OUR HARD WORK AND WHAT WE HAVE WE HAVE EARNED, IT IS OURS. IF YOU WANT TO GROW, WE WILL HELP, IF YOU WANT A HANDOUT. SORRY OUR HANDS ARE BUSY CREATING AND WORKING FOR OUR FUTURE.
John Wayne, Ronald Reagan, Gene Autry and Roy Rogers, all would have told Barry to shut up and resign by now. If indeed they would have allowed him to run at all.
Obama has taken a tried and failed trail to spend our way to finacial growth, to create jobs, just as was tried during the "GREAT DEPRESSION" as Secretary of the treasury, Henry Morganthau said then, addressing congress,
never has so much money been spent, so much debt created in the history of the world and nothing gained. After nine years of C.C.C. and W.P.A.and other make work programs THERE WAS NO GAIN IN THE RECOVERY FROM DEPRESSION.
Then, as now, there was no plan to retire the money pumped into the banks and all that does in the end is create inflation. The cycle just repeats its self. This time the amount of fiat(printed with no backing) money is so huge it will creat SUPER INFLATION and send the U.S. INTO A TAILSPIN. There is only one answer, vote out evey one you can, replace them with new people, new people you select, not the puppets given to us by the political machine. Change the names and the faces.
Also, IMPEACH OBAMA NOW. I don't know about you, but I am tired of being told I am too stupid to take care of myself
John Wayne, Ronald Reagan, Gene Autry and Roy Rogers, all would have told Barry to shut up and resign by now. If indeed they would have allowed him to run at all.
Obama has taken a tried and failed trail to spend our way to finacial growth, to create jobs, just as was tried during the "GREAT DEPRESSION" as Secretary of the treasury, Henry Morganthau said then, addressing congress,
never has so much money been spent, so much debt created in the history of the world and nothing gained. After nine years of C.C.C. and W.P.A.and other make work programs THERE WAS NO GAIN IN THE RECOVERY FROM DEPRESSION.
Then, as now, there was no plan to retire the money pumped into the banks and all that does in the end is create inflation. The cycle just repeats its self. This time the amount of fiat(printed with no backing) money is so huge it will creat SUPER INFLATION and send the U.S. INTO A TAILSPIN. There is only one answer, vote out evey one you can, replace them with new people, new people you select, not the puppets given to us by the political machine. Change the names and the faces.
Also, IMPEACH OBAMA NOW. I don't know about you, but I am tired of being told I am too stupid to take care of myself
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