The Arizona Sentinel

May 14, 2009

Executive order #13489

Filed under: My Posts — thearizonasentinel @ 4:36 am

 

If this is true, it explains  why no one is interested in Mr. Obama origin of birth.  We are attempting to verify.

 

Monday,

January 26, 2009

Part VIII

The President

Executive Order 13489—Presidential

Records

Executive Order 13490—Ethics

Commitments by Executive Branch

Personnel

Memorandum of January 21, 2009—

Senior White House Staff Pay Freeze

VerDate Nov<24>2008 20:24 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26JAE0.SGM 26JAE0

VerDate Nov<24>2008 20:24 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\26JAE0.SGM 26JAE0

Presidential Documents

4669

Federal Register

Vol. 74, No. 15

Monday, January 26, 2009

Title 3—

The President

Executive Order 13489 of January 21, 2009

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.

(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.

Definitions. For purposes of this order:

Sec. 2.

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

Notice of Intent to Disclose Presidential Records. (a) When the

VerDate Nov<24>2008 20:24 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0

4670

set forth in section 1270.44 of the NARA regulations, the Archivist shall

so indicate in the notice.

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents

Sec. 3.

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.

Claim of Executive Privilege by Incumbent President. (a) Upon receipt

Sec. 4.

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.

Claim of Executive Privilege by Former President. (a) Upon receipt

Sec. 5.

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.

General Provisions. (a) Nothing in this order shall be construed

VerDate Nov<24>2008 20:24 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0

Federal Register

/ Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents 4671

Sec. 6.

THE WHITE HOUSE,

Revocation. Executive Order 13233 of November 1, 2001, is revoked.

January 21, 2009.

[FR Doc. E9–1712

Filed 1–23–09; 8:45 am]

Billing code 3195–W9–P

VerDate Nov<24>2008 20:24 Jan 23, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0

OB#1.EPS</GPH>

Advertisements

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Your Thoughts Welcome

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.

Recent Items

A book blog by an author of AI-Assisted fiction

A Lawman Speaks for Liberty

Border and National Security, Private Property rights, Removing Federal agencies from the states,American Energy Policy, Constitutional Conservative

%d bloggers like this: