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Obama to Bush: I Can Release Your Records. Don't Like It? Sue.
On his first day in office, President Obama put former president Bush on notice. His administration just released an executive order that will make it difficult for Bush to shield his White House records--and those of former Vice President Dick Cheney--from public scrutiny by invoking the doctrine of executive privilege. Shortly after taking office, Bush handed down his own executive order, amending the Presidential Records Act to give current and past presidents, along with their heirs, veto power over the release of presidential records, which are considered the property of the American people.
"[Obama]'s putting former presidents on notice that if you want to continue a claim of executive privilege that [Obama] doesn't think is well-placed, you're going to have to go to court," says Anne Weismann, the chief counsel for Citizens for Ethics and Responsibility in Washington (CREW).
During the campaign, Obama promised to "nullify attempts to make the timely release of presidential records more difficult." (A transition spokesperson promised Mother Jones essentially the same thing when we asked a few weeks ago.) That was a reference to former president Bush's infamous Executive Order 13233, which gave current and former presidents and vice presidents, along with their heirs, unprecedented authority to block the disclosure of White House records. But Obama's taken his campaign promise a step further. While revoking 13233, Obama has also put forth a far stricter interpretation of executive privilege:
[T]he Executive Order on Presidential Records brings those principles [of openness and transparency] to presidential records by giving the American people greater access to these historic documents. This order ends the practice of having others besides the President assert executive privilege for records after an administration ends. Now, only the President will have that power, limiting its potential for abuse. And the order also requires the Attorney General and the White House Counsel to review claims of executive privilege about covered records to make sure those claims are fully warranted by the Constitution.
Weismann explains:
[Obama]'s basically saying if there's a dispute, and a former president thinks something should be covered by executive privilege and Obama doesn't agree, then Obama would direct the Archivist to release it [despite the former president's claim of privilege]. The only option a former President would have at that point would be to go to court and sue. [Obama]'s set up a process to review these claims which requires the Attorney General and White House Counsel to agree that these claims should be invoked, which indicates that it won't be either casually invoked or casually defended.
In Obama's remarks on Wednesday morning, he said that, "Going forward, anytime the American people want to know something that I or a former President wants to withhold, we will have to consult with the Attorney General and the White House Counsel, whose business it is to ensure compliance with the rule of law. Information will not be withheld just because I say so. It will be withheld because a separate authority believes my request is well grounded in the Constitution." The effect of that particular phrase is enormous, as emphasized by the response of a reader over at Talking Points Memo who works for the Justice Department. "That highlighted phrase has signaled a significant discussion around these parts." You can be certain that Obama's early moves to promote government transparency and accountability will be the subject of discussion and debate for a long time to come.
Photo by flickr user Barack Obama used under a Creative Commons license.
And it Begins...now.
Told yall. The end of the old Bush-like ways is fixin to be over!
In "The Answer Is Hiding In Plain Sight", Jim Kirwan on 1-20-9 says the following:
The Inauguration that should have happened ¬ didn't. The people of this nation and the world are desperately searching for answers and today they missed their one huge chance to turn everything around in just this one day. We could have avoided this outcome, this sterile failure of what any government ought to have done, to prevent the coming failure of this nation.
When Bush went to board Marine One for the flight from the White House to Andrews Air Force Base he and Cheney should have been arrested by US Marshals, backed up by US Marines and taken immediately to Ft.Leavenworth, to await their trials, in solitary confinement, for war-crimes and treason against the people of theUnited States.
Then, Obama could have topped Roosevelt's first Inaugural speech to explain to the nation just exactly how he (Obama) was going to begin to fix this mess: beginning at the top with the criminals that caused it and continuing on through the whole sordid mess. That's exactly what Roosevelt did in his first Inaugural speech. Here's the beginning of that speech in 1933, in which FDR blames the money changers, and vows to root them out of this society. The whole speech is in the footnote below.
"I am certain that my fellow Americans expect that on my induction into the Presidency I will address them with a candor and a decision which the present situation of our people impel. This is preeminently the time to speak the truth, the whole truth, frankly and boldly. Nor need we shrink from honestly facing conditions in our country today. This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself-nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. I am convinced that you will again give that support to leadership in these critical days.
In such a spirit on my part and on yours we face our common difficulties. They concern, thank God, only material things. Values have shrunken to fantastic levels; taxes have risen; our ability to pay has fallen; government of all kinds is faced by serious curtailment of income; the means of exchange are frozen in the currents of trade; the withered leaves of industrial enterprise lie on every side; farmers find no markets for their produce; the savings of many years in thousands of families are gone.
More important, a host of unemployed citizens face the grim problem of existence, and an equally great number toil with little return. Only a foolish optimist can deny the dark realities of the moment.
Yet our distress comes from no failure of substance. We are stricken by no plague of locusts. Compared with the perils which our forefathers conquered because they believed and were not afraid, we have still much to be thankful for. Nature still offers her bounty and human efforts have multiplied it. Plenty is at our doorstep, but a generous use of it languishes in the very sight of the supply. Primarily this is because the rulers of the exchange of mankind's goods have failed, through their own stubbornness and their own incompetence, have admitted their failure, and abdicated. Practices of the unscrupulous money changers stand indicted in the court of public opinion, rejected by the hearts and minds of men.
True they have tried, but their efforts have been cast in the pattern of an outworn tradition. Faced by failure of credit they have proposed only the lending of more money. Stripped of the lure of profit by which to induce our people to follow their false leadership, they have resorted to exhortations, pleading tearfully for restored confidence. They know only the rules of a generation of self-seekers. They have no vision, and when there is no vision the people perish.
The money changers have fled from their high seats in the temple of our civilization. We may now restore that temple to the ancient truths. The measure of the restoration lies in the extent to which we apply social values more noble than mere monetary profit." (1)
Compare Roosevelt's speech with the pathetic effort that Obama delivered this afternoon, wherein Barack blamed the public for not working hard enough, for not coming together enough, for not "believing" enough in this government that has done nothing but lie to us for the last eight years.
In fact the money-changers are still being protected: And under Obama their influence will grow not diminish, despite the fact that they (on instructions from the Illuminati and the Zionists) are driving this colossal Depression that is shutting down every aspect of this nation and the global financial community. This is our 'Great Hope' for the restoration of American life?
For the last eight years the nation has not had any oversight from the same congress from which so many of the "new faces" were directly chosen-including Obama. And the martial display on the Capital building façade today should have had Israeli flags hanging there, instead of the Stars & Stripes; because so many of the new members of the Cabinet and the government are now Israeli's or Zionist sympathizers. Beginning with Obama, Hillary Clinton, and Pelosi but including his Chief of Staff and the whole cadre of stand-in's that do not put America's well being at the top of their private agenda's but instead, for them, Israel's survival comes first.
This crime has to include the 531 members of this faux congress that voted to defend Israel's slaughter of the Arab and Muslim populations in Gaza, during the latest Israeli outrage as well. Israel has committed piracy on the high seas, while violating every provision of US and International Law during the 60 years that they've been screwing the rest of world outright and with impunity. (2)
On top of that; three times today, on main-stream-media, in the course of the official ceremonies we were lectured by preachers and told repeatedly about God and who God will and should bless-when in fact this was supposed to be a secular event, paid for by the state. To insert God into these proceedings in so crass a manner was insulting to everything that the American government: The one that was to be "of, by and for the people" was supposed to stand for. But all of that got lost in the born-again nature of the three insulting speeches that together totaled more time than it took Obama to make his rather-pedestrian inaugural address.
This was not a good beginning, but this goes to the fact that this man with three different names, from three different countries is not qualified to hold that office.
Too bad America-you really blew the one chance we had to turn everything around in a heartbeat. The world would have cheered wildly, applauded, and then they could have begun to laugh and breath again if we had just owned up to our responsibilities to lock up these criminals and in so-doing, we would have shown the world that we mean what we say about the sanctity of law and all that other drivel that Obama muttered on about during that fairy-tale he presented as his Inaugural address to the nation and the world.
With that single act the entire world could have been granted a chance to turn this entire series of crimes into a totally new beginning for the world, as well as the US. But there is no law and the whole world knows it; just as there is no moral compass, regardless of how many preachers try to ignore the truth behind that fact. But as we 'know' that action would never be taken by these people, because the "new administration" is part of the cabal that stole the last three elections and the nation. They planned this: so they are not about to undo any of it!
Instead of change, Obama plans to take years to 'fix' our problems: but he knows that he has only a few weeks at best to turn this all around-meanwhile California is going broke along with several other states, and there is no relief in sight, more states will follow California's lead, and the feds can't be far behind because the nation is beyond broke. We are destitute and we are finally admitting that we are in the Depression that has existed for at least the last two years for those same people that Obama just blamed this afternoon for all our problems!
So much for the road not taken ~
Out with the Old & Stupid, In with the New who plays Forward! The man in the house should be able to his Closets!
But did Bush and Cheney leave any records? I understand that they did all their government business through their party organization and not through the Whitehouse.
Obama did not blame anyone! Yes, the country is depressed. However, we have faith in Obama!
Some call him the Antichrist. He's a man who loves all prople and will get the USA back on it's feet!
If you don't care, stick your head up your butt and kiss your bigoted a** goodbye!
OK, this is more like it. Obama is off to a great start and the 2nd thoughts I had regarding his Presidency are beginning to look like the paranoia that the last eight years has instilled in me.
Once the scales have fallen away, then people with knowledge of Bush & Cheney's crimes will appear with evidence. Bush must have thought about this while Obama was getting sworn-in. "Oh, Shruck" he thought! "Oh, well. I'll just have another beer," was his next thought. These things go in circles for him since his brain bumps around in his skull like a koala bear's brain does!
President Obama is really putting his words in to action. He knew what is right for the americans and he is not going to let anyone stand on his way to make America a better place.
I thought that he stood for CHANGE?? Looks like the same old cronies in office to me.
The Republicans in Congress and all those Republicans who stood idly or, even worse, DEFENDED Bush and Cheney's actions as Constitutional while the two of them hid their records or tried to erase their records... will of course vociferously demand records from Obama's White House. Hypocrite scumbags. I hope their testicles rot.
Without the political will in Congress to impeach or censure the Bush Administration before leaving office, I've been quietly dispersing the notion, however more unrealistic, of waging a class action suit against the "deciders" to hit them in the only place of any importance to them, their deep pockets, perhaps dissuading by disincentive the next round of robber-barons.
Well, Obama's "full disclosure" policy is legally adroit and politically elegant, as he is shifting the burden of honor back onto the executives of office... and their pocketbooks.
Next, he should allow World Courts to extradite, if they ever manage to indict the treasonous lot for war-crimes against humanity. At the very least, the World should demand their assets frozen as illegal profiteering by agents of terror.
Out with the lying garbage and in with the new positive doer!
I think the records of ANYONE that was elected by the people, should be OPEN to the people! Good for Obama! Im very impressed!
Exactly the scenario I was hoping for. By allowing these criminals to leave unhindered we sent a message to future tyrants that they will be free to conduct business as usual with no fear of being held accountable for their crimes, no matter how treasonous or how heinous those crimes are.
This is change as promised.
The disinfectant of sunlight shining on the crimes of the george w. bush administration is the first step towards reducing the Republican party to its eventual demise.
Lies, crimes, torture, treason, and all the other unconstitutional behavior by the bush White House should be openly examined.
And george bush, with dick cheney should have the opportunity to explain their side of the story.
Preferably under oath.
And using lower case letters was intentional.
I'm excited about the new president too, but I'm so amazed by how polarized people are for him. No one has seen him in action yet. Give the president some time before ya'll start building monuments to his glory. He's still only human. I hope he does great.
Also, no one should really wish to see the "demise" of the Republican party or any other party/viewpoint in opposition to one currently in power. Sure partisan politics can be quite disgraceful, but again the polarized opinions people have about the parties frighten me. "Those people in that other party that don't think like me are all evil imbeciles!" Be thankful we have multiple strongly valued viewpoints and groups that will debate and sharpen each other, expressing and living out our rights as US citizens.
Do it! I want the truth and I can handle the truth.
George W. Bush and the GOP members of congress who enabled him to overthrow the U.S. Constitution, betray our military, and destroy our economy have earned an Osama bin Laden Prize for making most of bin Laden's most maniacal dreams come true. In addition, Bush, Cheney, Rumsfeld, Gonzalez and Rice have most certainly earned special recognition as Knights of the Al Qaeda. Most recently GOP spokesperson Rush Limbaugh has defined their paramount goal as they "hope Obama fails" and since Obama is trying to save America the new GOP agenda is obviously focused on continuing to overthrow the U.S. Constitution and destroy the American economy, which Congressional hearings prove daily since President Obama was inaugurated.
I wondered why Bush signed that executive order in the first place. I mean...he signed it in his first year in office! did he know in advance of all the crazy things he was going to do and commit to wage war on Iraq?
This kind of stunt always has a way of biting back. As long as Prez O never has to make a hard decision, he'll come out smelling sweet, but looking very weak.
I'm glad that President Obama is doing this. It just tells people that if they thought they were going to get out scotts free they were wrong. That's exactly what happened to my Detroit mayor, Kwame Kilpatrick. He got caught and is a jailbird now. More power to you Mr. Obama!
You know, this is really good news. Maybe we can put Bushco into the recently vacated Guantanamo. In fact, maybe we could round up ALL Republicans and put them in Guantanamo. Then waterboard them.
I know that sounds harsh but think of all the mental anguish they have caused us over the last 8 years. Some kinds of people just deserve whatever they get.
What? What are you even saying?
what we really need is a third or even fourth party
Yesss! Let's open the doors wide and let out the $tink and the rot that was Bush and Dick (Cheney).
Old Coyote Knose that George W. Bush is a dry drunk $ociopath with the insight of a jackass and the compassion of a rabid dog... and former PRESIDENT Cheney is the paragon of evil. Pure evil that even exceeds the $atan Nazi mindset of Rumsfeld!
My greatest joy would be to nail these bastards to the wall in the World Court at the Hague for their war crimes against humanity... and for their $ociopathic behavior of $ecrecy, torture, perfidy, mendacity, mean-espiritedness, corruption... not to mention butchery, savagery and genocide in Iraq-nam and the Warsaw ghetto of Gaza!
Open the doors wide and let the trials begin! This MUST happen to give future leaders second thoughts before committing such atrocities.
Great, this means the next President can release Obama the Usurper's records. We will also get to see the Order Billy Blue Dress signed ending the Foster investigation.
What a boon to historians.
If Obama the Usurper means what he is saying, why doesn't he release his birth certificate? The real one, NOT another forgery.
That would be a good place to start.
If you care about getting the teeth in this, call Specter's office NOW and demand he take the hold of Holder's confirmation...NOW!!!! Specter is delaying Holder's confirmation in an effort to run the clock on the statute of limitations for Bush/Cheney dealings...especially on torture. Call Specter and demand he pull that hold!!!
Sorry, but the koala is not a bear, it's a marsupial, very cute, sweet, harmless and endangered, not at all like bush ... oh, and it's brain is just fine thankyou.
Obama is proceeding calmly and deliberately towards transparency. IF facts come to light via his new (much, much better) take on executive disclosure that would support prosecution of the previous administration I do not doubt that he will have people pursue this avenue. But rounding up the freshly deposed president based on suspicion instead of hard facts is a little coup-ish. Obama has definitely shown in the subtext of his actions that he is on a beeline to driving the stake through the vampire's heart on this, he does not want to let the criminality we all know was going on go unpunished. I'm thinking that the last administration probably tried their best to cover their tracks, so this probably isn't going to happen in the first month or so. But mark my words, if you hear our current POTUS breathe one word about prosecuting the previous one or his sith lord veep they are absolutely nailed. It's just going to happen through proper channels, the right way, because that's how Obama rolls.
I think George W. wanted all his and Cheney's Presidential records put in his Father's Presidential Museum with his Air Force Reserve Records that Dan Rather was unable to obtain....Dan Rather may get the last laugh on this one after all!
I almost forgot-Obama had better be careful-Scalia is Cheney's duck hunting Buddy and the Supreme Court hasn't made a sensible decision since 1973. Remember the Alamo is no longer in effect-ask the imprisoned border guards=Under Bush, Santa Anna won and Texas belongs to Mexico-The rest of the Country belongs to China, India, and Saudi Arabia!
Glad to see he is in to releasing records. Does this mean we can get all of his records now? or is it only after your President?
I think,Bush and Cheney expected this would happen and send out their "cleaners" to clean up the archives.
OMG WAREZ HIS BERTH CERTIFIKAT HE BETTER RILISE IT SOON
I agreed to others elsewhere that Obama would be better than Bush, but I am still not holding my breath for the major, radical reform that is needed. After so many times of disappointment, I'll believe it when I see it. I admit, though, this is a good start.
If one is truly in favor of transparency, this executive order does not do it. President Obama is leaving almost all the discretion to himself on whether to release records. Are we going to see different standards for releasing Bush/Cheney records versus Clinton/Gore records?
Did you read this article before you responded?
In response to Texasgirl:
Texas can take a big flying leap. Please stay out of national politics, and keep MBA's the hell out of the White House. Every time we get a Texan president they start an illegal war (LBJ, Bush). Please secede from the union and start your own country.
you wrote:
Glad to see he is in to releasing records. Does this mean we can get all of his records now? or is it only after your President?
The order says the Attorney General (Democrat) and the White House Counsel (Democrat) will review any claim of executive privilege by an ex-president. I reasonably imagine that Democrats will be more sympathetic to Democrats, as Republicans would be more sympathetic to Republican claims of executive privilege. That is why Weissman sums up the order by describing what happens if "Obama doesn't agree with" the claim of executive privilege. Put another way, do you imagine a Republican administration with their Attorney General and White House Counsel reviewing claims of executive privilege not protecting Republicans?
Great, this means the next President can release Obama the Usurper's records. We will also get to see the Order Billy Blue Dress signed ending the Foster investigation.
What a boon to historians.
If Obama the Usurper means what he is saying, why doesn't he release his birth certificate? The real one, NOT another forgery.
That would be a good place to start.
HA ha ha ha ha ha ha ha ha ha ha ha ha...a palin voter in denial.
My take is that only in the face of undermining US Security will the records remain unavailable.
Therefore, scrutiny on what is withheld will be equally meted out. In other words, if what Bush/Cheney have in records is harmful to our security, they will be withheld.
To my mind, that could mean ALOT of records that contain their wild fantasies.
This was a very definitive act on Pres Obama's part. Doing it the first day in office sent a very clear message.
I think PART of that message is that once they have reviewed all of Bush's nonsense, allow it to be public, and have had the chance to make an airtight case, he will do the RIGHT thing in bringing Bush and Cheney to accountability.
Best place to do so: Court of LAW where the consequences are REAL.
I suppose the poster who wants to see Obama's "real" birth certificate is fully supportive of a President who was born in Panama and who had to get his cronies to create an exception to the Constitution in order to allow him a run for President, eh?
Give the BC issue a rest. Even the Supreme Court under BUSH wouldn't touch it. It's been verified by the State of Hawaii as authentic.
Wild speculation of a "usurper" is just plain crazy!
Pig in Lipstick: HAHA! I couldn't agree with you more!!!
I guess we will see what Cheney and W were hiding after all. What political gain will Obama obtain through this, I mean hes already President now.
Bush and Cheney DID leave records....thousands of families in Iraq AND the US will suffer the effects of DU for 10,000 years, their medical records say it all.....so why is not in the mainstream press?
I wholeheartedly agree with you. Considering those farcinorous avaritic primordial ooze so-called humans that took the world to war and instability should have a ...citizens of the world petition to the ICC or failing that a worldwide citizens Class Action Lawsuit,as soon as that happens I'm in.
This is a comment to Jedi Knight
Most of what you have written I agree with. It is interesting how often so called history repeats itself, even with the experience of recorded hind sight. Greed is indeed a powerful motivator for some. It seems to instill a feeling of power and a self deserving attitude of believing that one knows it all when the money starts to roll in. Never mind all the lobbying, Congressional vote buying and all in congress, save for maybe Ron Paul, knew and whole heartedly agreed with the money grubbers desires. Why not, they made out well. It is amazing that the ones that created this financial collapse, planed, maybe schemed, and generally followed what ever these lobbyists wanted and turned their wants into LAW to get their way. Remember just because it's legal or a law does not mean it is good, fair, honest or the best thing to do for the majority of people. Never mind that it takes us near if not into total failure as a Country again. Now we expect these same people in the same congress to get us back on track! Why don't I feel relieved about this scenario? The biggest thing to remember is that you can not trust the Government to do the right thing for the majority of its' citizens on its' own. It will never happen. What we need is some way for the individual people to collectively gather our wants and express them to our Local, State and finally the Federal Governments. We need to speak as a majority. Remember again that this Country is run by basically ~535 members in the Senate and the House and only a majority is need to create Law. So really only 268 people run this country. Every law created is created by majority vote. We need to show our Majority and tell them what we want for a change. If you as an individual do not speak up to your elected officials that you hold them accountable for their actions, well, expect more of the same. Good luck and keep the second amendment strong!
Many are raising the cry of arrest and prosecution as if this were the only thing on the agenda. Thusly, they are committing the same offense so readily attributed to Bush, that the statement: "I'm the latest elected dictator here... "Off with their heads!" and damn due process. Obama is methodically painting his opponents into a corner of his own choosing, which is a magnificent effort to witness, from my perspective.