Executive Order — 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:
—
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

Yeah, I thought that this afternoon.

Good work ferris! Now we don’t have to hear how since the 9/11 attacks, Bush kept us safe! We were being terrorized virtually until Obama took the oath!

Well, at least that’s what everyone who claims there hasn’t been a terrorist attack on American soil since 9/11 seems to believe.

Stop the Clock!!!

I think he’s out mining coal or subjugating indigenous people. Something very manly.

What?

Hey, anyone heard from Asshat Observer today? Or is he weeping softly under his mom’s bed?

As The Editors once observed,

It’s funny how the only racist Dixiecrat conservatives can’t forgive is the one who repents.

Kind of like Michael Keaton’s head in the last scene of Beetlejuice?

And yet Jay Tea’s posts keep reading to me as if they’re coming from somebody who is slowly shrinking, their voice hitting increasingly higher and squeakier tones as they attempt to conduct themselves with the same boring childishness they felt entitled to during the last eight years.

Strangest thing.