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EXECUTIVE ORDER 13489 I'm not a lawyer but I think it makes it illegal to uncover Obama's past!

EXECUTIVE ORDER 13489
http://www.fas.org/sgp/obama/presidential.html

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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This is not about protecting

This is not about protecting Cheney nor concealing Obama's past. The EO says "Presidential Documents" -- documents worked up for or by someone while he was President. In fact, This very EO is Obama's First Presidential Document. It has nothing to do with anyone's birth certificate or school records or anything else.
Nor does it protect Cheney; if anything it has the opposite effect. The EO effectively makes sure that the govt keeps Bush's & Cheney's papers done while in office, rather than shredding them or turning the papers over to them (Old Bush pulled that stunt in 1993, as Clinton was coming in).

this is from Leo Donofrio

1. Barack Hussein Obama Jr. is not eligible to be President of the United States because – according to public admissions made by him – his “birth status was governed” by the United Kingdom. Obama further admits he was a citizen of the United Kingdom and Colonies at birth.

2. Since Barack Hussein Obama Jr. was, if born in the state of Hawaii, a dual citizen, who – according to his own State Department – owed allegiance to the Queen of England and United Kingdom at the time of his birth – he cannot therefore be a “natural born” citizen of the US according to Article 2, Section 1, Clause 5 of the US Constitution.

3. This Honorable Court may take Judicial Notice of the following admissions published by Barack Hussein Obama Jr.

- Admission #1. The following statement was published by Obama’s official web site, Fight The Smears:

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children…”

4. This Honorable Court may also take Judicial Notice of the US State Department’s current policy under the Obama administration with regard to dual citizenship:

“The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance. However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.“

http://naturalborncitizen.wordpress.com/2009/08/29/the-dual-...
-------------------------------------------------------
"I think it would be a good idea"

Mahatma Gandhi,
when asked what he thought of Western civilization

bump

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"I think it would be a good idea"

Mahatma Gandhi,
when asked what he thought of Western civilization

How royal.

How royal.

Non-Whiggy...

how Tory of him.

You have to be a legal

You have to be a legal president for an Executive order to be Legal & binding.. Sorry if your past reveals an illegality ?
Good people do Good deeds
and are no respecter of person

blonduxo's picture

Obama registered as a foreign student at Occidental

I may be behind the power curve...saw this posted at Congress.org

http://www.congress.org/congressorg/issues/alert/?alertid=13...

OBAMA PRESIDENTIAL ELIGIBILITY IN DOUBT
Accused of lying, concealing true citizenship

Obama - Smoking gun finally found? AP- WASHINGTON D.C. - In a move certain to fuel the debate over Obama’s qualifications for the presidency, the group “Americans for Freedom of Information” has released copies of President Obama’s college transcripts from Occidental College. Released today, the transcript indicates that Obama under the name Barry Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate at the school. The transcript was released by Occidental College in compliance with a court order in a suit brought by the group in the Superior Court of California. The transcript shows that Obama (Soetoro) applied for financial aid and was awarded a fellowship for foreign students from the Fulbright Foundation Scholarship program. To qualify, for the scholarship, a student must claim foreign citizenship. This document would seem to provide the smoking gun that many of Obama’s detractors have been seeking. The news has created a firestorm at the White House as the release casts increasing doubt about Obama’s legitimacy and qualification to serve as president. When reached for comment in London, where he has been in meetings with British Prime Minister Gordon Brown, Obama smiled but refused comment on the issue. Meanwhile, White House press secretary Robert Gibbs scoffed at the report stating that this was obviously another attempt by a right-wing conservative group to discredit the president and undermine the administration’s efforts to move the country in a new direction. Britain's Daily Mail has also carried the story in a front-page article titled, “Obama Eligibility Questioned”, leading some to speculate that the story may overshadow economic issues on Obama’s first official visit to the U.K. In a related matter, under growing pressure from several groups, Justice Antonin Scalia announced that the Supreme Court agreed on Tuesday to hear arguments concerning Obama’s legal eligibility to serve as President in a case brought by Leo Donofrio of New Jersey. This lawsuit claims Obama's dual citizenship disqualified him from serving as president. Donofrio’s case is just one of 18 suits brought by citizens demanding proof of Obama’s citizenship and/or qualification to serve as president. Gary Kreep of the United States Justice Foundation has released the results of their investigation of Obama’s campaign spending. This study estimates that Obama has spent upwards of $950,000 in campaign funds in the past year with eleven law firms in 12 states for legal resources to block disclosure of any of his personal records. Mr. Kreep indicated that the investigation is still ongoing but that the final report will be provided to the U.S. attorney general, Eric Holder.

this was a hoax

-------------------------------------------------------
"I think it would be a good idea"

Mahatma Gandhi,
when asked what he thought of Western civilization

SteveMT's picture

The fight for information will continue dispite this EO!

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;

Is this about protecting Cheney?

Current and former presidents and vice presidents can now invoke "executive privilege" even though they are not in office. The 90 day review clause by the previous Executive Order 13233 is repealed though, and it is now 30 days again. Still, if the archivist and the sitting president determine the records release would damage national security they don't have to release them. Obama is reinforcing though the courts decision on the previous 12 year restriction, and that is gone. It doesn't matter though cause like I said earlier, all they have to do is agree that the records release would damage national security, and that's it. They won't be released.

What I find nepotistic about the previous Executive Order 13233 is that Bush jr. was trying to cover up something for daddy with the 12 yr clause. I wonder what that was...

There's some info on wiki. I don't see any mention of "vice presidential records" here, but wiki claims that they are now protected by this order too.

http://en.wikipedia.org/wiki/Executive_Order_13233

"Revocation: On January 21, 2009, Executive Order 13233 was revoked by executive order of President Barack Obama.[17] Obama essentially restored the wording of Executive Order 12667, by repeating most of the text of that order with minor changes. One notable change is that vice presidential records are explicitly covered by his new order."

This has nothing to do with Obama's birth certificate.

thank you all

for all your comments!

SteveMT's picture

Good post knarfxii: I came across this Obama BC info today.

A continuing story that will not go away.

Obama Birth Certificate Forgery
Wednesday, May 6, 2009 at 10:14AM

By Douglas V. Gibbs

In an effort to resolve this issue once and for all, the Obama Administration has put together a team tasked with producing a believable Hawaii Birth Certificate Forgery.

Obama Administration teams are working diligently to produce a visually acceptable birth certificate that will once and for all, as far as they are concerned, put the issue to rest. Problem is, what they are working on is the production of a forgery of a long-form birth certificate from Hawaii.

The expectation is for this elaborate forgery to surface in the next month or two.

The forgery, it has been alleged, has already been printed on a fully functional 1960 Heidelberger printing press located at a print museum in Toronto, Canada. The blanks on the forged form is said to have been filled in with an old Underwood manual typewriter. The only reason we haven’t seen the forgery yet is that they are “seasoning” it under mild UV light and a back and forth rotation between a humidifier and a sauna.

Full story:

http://www.americandailyreview.com/home-features-articles-bl...

Not so

The premise is wrong. The order pertains to qualified presidents. Granted, I have not reviewed the references yet but you read "presidential privilege" There is no presidential privilege if the sitting president is in office unconstitutionally. An example is like a doctor who is made head of a hospital and he has a fake license which he bought from someone. Then the "doctor" says you cannot look at the hospital records if you are not employed by the hospital. Is the "doctor's" rule legal? No way - he's a fake.

Detective Krum Investigates:
http://victory1project.wordpress.com/
http://v1-p.com/

Detective Krum Investigates:
http://victory1project.wordpress.com/

FIRST DEFENDER of FREEDOM is who ?

YEA , and O'Reily has not caught on yet ..He thinks people are questioning OBAMA's birth place ...IT'S NOT the place ,it is his citizenship at birth that is in question...Illegals are born here all the time ..Are they eligable to be President ? Hardly think that is the intent of the law...ALLEGiANCE & ALLIANCE is the intent, COMMITMENT to the US CONSTITUTION, is the intent..Otherwise put a snake in the position, which could care less ....
you-no

Loophole

"Congress shall make no law...abridging the freedom of speech, or of the press"

Don't forget that the President used to teach Constitutional law. The First Amendment doesn't say anything about presidents abridging freedom of speech or of the press. Maybe he found a loophole.

That would be assuming

That would be assuming "powers" that he doesn't have and in such a case the congress has the "power" to deal with such a usurper.Although today the different branches work together against the people.

------------------------------------------
"I love the Union and the Constitution, but I would rather leave the Union with the Constitution than remain in the Union without it." - Jefferson Davis

13 No servant can serve two masters; for either he shall hate the one, and love the other, or else he shall lean to the one, and despise the other. Ye cannot serve God and riches. - Luke 16

thought

Our nation was founded with three branches of government. Each to keep the others in line with the Constitution. Today, they are walking hand in hand.

Congress could have stopped this whole issue at the outset, but didn't. Why not? I, personally, believe it was a planned plot. We now only have one branch of government. Them three.

Executive Orders - The new Law of the Land

Forget the mealy mouth Supreme Court, they'll still be arguing Roe Vs. Wade when the cows come home. Get used to it. You'd think they could make a decision (based on Law) and move on, but not hardly. Therefore, I submit they are really minor players in the overall scheme of things. It's not like the Constitution is respected in Washington anyway. In fact, these Congressional bums go out of their way to circumvent the Constitution every time they need to. Supreme Court appointees are political, and we know what the motivation is there, don't we? The whole success of our government relies of the assumption that our elected representatives are honorable, decent, trustworthy and above reproach. Not many fit that description. Ron Paul seems to stand alone in this regard.

alan laney

I don't read it that way.

Presidential records pertain to the activities of a president while in office, not to anything prior to taking office. Documents pertaining to Obama's eligibility for office are personal records or state or local government records, not presidential records.

It seems to me

That he wants to hide College records, birth records, Indonesian Records, and many more!

Obama is not the first black president. try try again.

So correct me if i misunderstand the implications of this. we have a imposter in the white house who is not an american citizen who could be on the payroll of a foreign government like indonesia england or Israel. Which if that is the case we have a puppet in the white house. Just like the puppet we installed in iraq and afghanistan. wonder if our boy in iraq is an iraq citizen and if he signed an executive order making it illegal for anyone to look at his birth certificate?

yes...

everything he does should be considered as treason.
( {: >{| }

bump

for discussion.

Prepare & Share the Message of Freedom through Positive-Peaceful-Activism.

Wow. That's ballsy.

Even for Obama.

I may not know the truth, but I know when I'm being lied to...

I may not know the truth, but I know when I'm being lied to...

Gulp

(Blank Stare)

First Executive Order.....

He sounds guilty to me. :)

FREEDOM

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."

Yep, That's Interesting

stops me in my tracks a bit. Sort-of a confession!

Executive Orders do not apply

Executive Orders do not apply to anyone who is not part of the Executive Branch. That's why we have a Congress.

The Constitution says ALL legislative power is in the hands of a Congress. That means there is NO legislative power in either the Executive nor the Judicial Branch.

So, unless you are part of the Executive Branch, it doesn't matter what he says. He's not the Dictator yet.

The constitution does not apply to anything

until we decide to make them apply it.