Presidential Records

2009-01-26Executive Order 13489
Signed by: Barack Obama
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Headline: Establishes Rules for Executive Privilege over Presidential Records

What it does: Federal officials must follow new procedures for notifying incumbent and former Presidents and reviewing privilege claims before releasing Presidential records.

Real World Impact:
  • Archivist must give notice and typically wait 30 days before disclosing records.
  • Incumbent or former Presidents can assert executive privilege to block disclosure.
  • Revokes Executive Order 13233, changing prior rules on presidential records.
Topics: presidential records, executive privilege, government transparency, records management

Summary

This order sets procedures for how the National Archives (the Archivist) notifies the current and former Presidents before releasing Presidential records and how claims of executive privilege are handled.

It affects the Archivist, the Counsel to the President, the Attorney General, and former Presidents by requiring review, consultation, and notice (generally 30 days) before disclosure; it also revokes Executive Order 13233. The goal is to balance transparency with protection of national security, law enforcement, and internal deliberations.

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