#274 - Executive Order 13233
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In 1978, Congress seemingly settled that matter with the passage of the Presidential Records Act, which declared that "the United States shall reserve and retain complete ownership, possession, and control" of the president's records. While the act had its origins in post-Watergate concerns about executive usurpation, it also reflected the demands of the American people for political transparency and openness in government. Specifically, the legislation provided that when the president and vice-president leave office, their papers would be transferred to the National Archives. After five years, during which the records would be processed, access would be subject to requests made under the Freedom of Information Act, and after twelve years they would be open to the public. Some exceptions were made for records that address questions of national security, trade, and other matters relating to advice given to the president in confidence. The legislation was signed by Jimmy Carter and went into effect under his successor, Ronald Reagan. By law, the records of the Reagan presidency were to be opened in 2001.
Last November <2001>, just as the National Archives was preparing to release a small portion of the records of the Reagan administration, President George W. Bush issued Executive Order 13233. The order challenges both the spirit and, I believe, the letter of the Presidential Records Act, reversing the commitment to open access. It gives former presidents and their assignees--seemingly in perpetuity--the right to prevent the release of presidential papers. It also allows a sitting president to block the release of a former president's records, even after that former president has signaled his approval. It requires that those who challenge the action of either a former president or the sitting president seek redress in court.
Now, we’d love to send you to the Executive Orders page of www.whitehouse.gov to take a look at the text EO 13233 for yourself, but as of today, you won’t find it there.*
You’ll find the Executive Order for the Establishment of White House Office of Faith-Based and Community Initiatives. You’ll find the Executive Order Establishing the Bob Hope American Patriot Award. You’ll find over 100 Executive Orders, listed by the date they were signed. EO 13233 was signed November 1, 2001. The White House site shows Executive Orders signed October 22, 2001 and November 9, 2001 – as of today, you won’t find anything in between.
http://www.525reasons.com/archives/000577.htmlhttp://www.whitehouse.gov/news/orders/What's strange is, you can see the EO in a news release, but not on the EO page
http://www.whitehouse.gov/news/releases/2001/11/20011101-12.html