On January 21, the day after Obama was inaugurated, Obama put into law Executive order 13489 - Presidential records that revoked a prior executive order, No 13223 of Nov. 1, 2001, by the instant presidential order.
John Jay, a eminent lawyer, helped break it down. It is remarkable that every action, every piece of legislation Obama that has emerged from Obama and his goons, has serves a nefarious ulterior motive. Nothing for the good of the country. It is painfully clear that the autocrat-in-chief's agenda is a dark one, my friends.
It says that United States code annotated (vol.) 44 United States code (annotated) sec.s 2201 through 2207 [44 usc secs 2201-2207] govern & regulate the invocation of presidential privilege, and how the archivist at the National Archives is to react if the matters come up. It governs what the archivist is to do in situations where records are requested, most likely under the freedom of information act, and if the matter is litigated.
It tells us the (vol.) 36 consolidated federal registrar section 1270 [36 c.f.r. sec. 1270] is the administrative interpretation by the regulating federal agency of what the United States code, a compilation of congressional legislation which is put together & codified by the codifier of the laws, means and how it believes the statute and the federal regulations are to be administered. In this case, the United State code section, as codified by the codifier, was passed as legislation and identified, named as, the presidential records act of 1978.
The Presidential records referred to are such records as are maintained by the national archivist. I have absolutely no idea which records, or what sort of records, are to be maintained by the archivist, and why.
You remember that Sandy Berger stole records from the National archives, and it is widely speculated that he stole records which had notations and signature and initials from Bill Clinton and officials from an N.S.A. meeting, which may have implicated the Clinton administration in being rather derelict in pursuing leads, via the FBI and CIA and NSA having to do with 9/11. Berger claims to have put them in a dumpster in a construction sight. this would be known in trade craft as a "drop" for another agent of the Clintons to pick it up, and do whatever with it: my guess is, to destroy the records. or, maybe Berger just figured they would go to a landfill somewhere.
This order is remarkably silent as to whom the authority is given to request records from the national archivist, and to whom they are to be released.
ii says a presumptive assertion of presidential privilege is raised if the archivist determines that US. national security might be impaired if the records are released. It has requirements for notice to be given to certain persons if this might be a factor, including the former president or vice president under whose administration the records were generated. under these notice provisions, a former president or Obama has a time period by which to assert executive privilege under these code/c.f.r. provisions: the order does not impair a presidents other sources of authority by which to assert executive/presidential privilege.
An assertion of a claim of executive privilege is reviewed by the attorney general, and counsel to the White House, and perhaps in consultation with the president, obviously, and they make a determination if a former presidents claim of executive privilege is to be honored, if it is "... justified" according to the order.
In such case, the archivist is instructed not to honor the invocation of such privilege, and is directed to release the information from the archives.
On the other hand, the attorney general and the White House counsel may inform the president that they feel privilege is justified, and the archivist is directed to not release the records upon the ground of executive privilege.
All of this is subject to judicial review.
What does it all mean?
Very early on, this bastard and his henchman decided to go after Bush and Cheney on Gitmo "torture," and they set up a procedure to force a former president to have to go to court to block obama's decision to release records generated by a former president.
All this nonsense about White House counsel and other to see the legal memo's and such is just a sham and a smoke screen, signals back and forth. I think Cheney confounded them a little by instead of being scared by the threats, demanding that all photos and records be released, not just obama hand picked ones.
My guess is Obama and his little bastards have been scouring the archives, looking for the worst that they can find.
Sandy Berger stole the records he stole, in order to prevent this kind of garbage into the innards of the Clinton White House. He gave up a potential seat on the Supreme Court of the United States, that is where he would be headed today if Hillary had been elected, in order to prevent those handwritten notations from getting out. Bill Clinton, and Sandy Berger, of course, know what they said. another couple people.
Basically, if its for publicity. certain persons, high enough in the pecking order, have the ability to inspect the archives anyway. That is what Berger was doing in the archives, was inspecting them in terms of possible litigation and requests for disclosure. He had a high enough security clearance that he could gain access to them.
Which he betrayed by their theft and destruction.