Obama Signs Executive Order Barring Release Of His Birth Certificate
July 18, 2009 · carl · Print This Article
UPDATE: At the time this post was published it appears as though we may have been misinterpreting the section of US Code covered by this Executive Order. While this EO may not necessarily cover Obama’s birth certificate, the question raised in the post still applies. Why, with everything going on at the time, was this one of Obama’s first orders of business? For a more precise analysis of this EO and its implications see Pamela Geller’s comment below or visit this link: http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/07/atlas-exclusive.html. Our attention to the eligibility issue started with the case of Major Cook because of the implications the outcome of his case could have on all members of the military and the potential of a Constitutional crisis. We will continue to follow his case and others that reach the courts.
Original Post:
First, we did a story about an Army Major who filed suit regarding his deployment to Afghanistan on the grounds that Obama was not America’s legitimate Commander-In Chief.
World Net Daily thought highly enough of this article to link to it on their front page.
Then we did an article pointing out the differences between a Birth Cerificate and a Certification Of Live Birth.
Some of the biggest names in conservative news have weighed in on this topic, such as Michelle Malkin, Sean Hannity, Rush Limbaugh and numerous others have offered their opinions.
One of the people at the forefront of this issue is Joseph Farah and his staff over at World Net Daily.
They are even running an online petition demanding Obama produce a long-form birth certificate.
Thanks to the alertness of our great friend and loyal supporter Erica, who gave us the heads-up on this. it appears that the issue of Obama being forced to produce a copy of his birth certificate may prove to be extremely difficult, if not impossible.
On January 21st, 2009, his very first day in office, Barack Obama implemented and signed into law Executive Order 13489.
For those of you who can’t take the time to read it. here is the section that applies:
“Sec.2
Notice Of Intent To Disclose Presidential Records
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 providied 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.”
Now for all of you who commented on our previous articles that we were no more that right-wing nut jobs, that this thing about Obama’s birth certificate was a non-issue, and those of you who tried to shift the focus of the stories, doesn’t this strike you as just a little odd?
That the first order of business Obama took care of on day one of his Presidency was to sign off on an Executive Order that states that only the records he chooses to be made public will be released?
This is the subject that was at the absolute top of his agenda?
If this isn’t proof that Obama is hiding something, I don’t know what is.
Did you like this? If so, please bookmark it,
Non sequitur, methinks.
All that EO does is prevent the National Archives from release of records in its possession. His birth/school/ Indonesian passport records aren’t in the Archives. They are all elsewhere.
From the EO:
Section 1. Definitions. For purposes of this order:
(a) ‘‘Archivist’’ refers to the Archivist of the United States or his designee.
And, no, the Archivist of the United States can’t designate any authority to someone who’s not also an officer/employee of the National Archives.
Yeah, it’s secretive – especially by someone who promises “transparency” – but it really doesn’t go to the instant matter.
Obama , has a lot to hide , not just his Birth Certificate…! I think he will piss off the wrong people and they will come out of the hole and tell what they know ..the truth always come out at some point
Why don’t people ever read the laws they are talking about… This EO did NOT seal his Birth Certificate… Who is the Archivist that this EO is talking about? if we read the Definitions in Section 1 of the EO.. (a) “Archivist” refers to the Archivist of the United States or his designee. (hmmmm this isn’t Hawaii where his birth record is kept) (b) “NARA” refers to the National Archives and Records Administration.(this isn’t the State of Hawaii which is keeping his Birth records this is the Archivist who keeps the records of the President while there is a President) (e) “Presidential records” refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records.( so Presidential records are not his Birth Certificate maintained by Hawaii) If we go to the Presidential Records Act and read § 2201. Definitions: we Read what Presidential Records are: “(2) The term “Presidential records” means documentary materials, or any reasonably segregable portion thereof, created or received by the President, his immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term– (A) includes any documentary materials relating to the political activities of the President or members of his staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but (B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) of title 5, United States Code; (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.” We also Read that there are Personal records…. “(3) The term “personal records” means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes– (A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business; (B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and (C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President. (4) The term “Archivist” means the Archivist of the United States. (this isn’t the state of Hawaii which is maintaining the Birth Records of Obama) (5) The term “former President”, when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential records were created.”
Ralph
U.S. Code Title 44 Section 2201 Sub-Section 3 makes reference to documents that relate to or have any effect upon the carrying out of the Constitutional, statutory, or other official or ceremonial duties of the President.
If a document (or the lack thereof) proving the Constitutional eligibility of an individual to assume and hold the office of the Presidency isn’t available, to me it follows that this would have an effect upon that individual being able to carry out the official duties of the office.
i also can’t help but think that on his first day in office, with America involved in two wars, facing an ongoing threat from terrorists, the economy in a nosedive, the stock market near crashing, banks failing, and the American auto industry on the verge of collapse, I find it strange that President Obama made getting squared away with the National Archives one of his first priorities.
This doesn’t prove anything. You are digging in the wrong places at the wrong person. The very fact that you site Rush Limbaugh as a news source at all is laughable. I’ll keep this short as I will not waste any more of my time on such a ridiculous issue.
Yeah Matthew,
You keep drinking hat Kool-Aid
By the way what flavor is it?
I agree with Matthew McDonald above. \this is a pointless exersise, and ulimately unhelpful to everyone, especially the American people. Who cares about a bloody birth certificate??!! Obama is all you have, so instead of bitching about it, get behind him and do the very best you can to help him turn your damn country around! Get real, stop this whining and pointless waste of energy and time. You all call yourselves christians, but that is rubbish! You act like a bunch of heathens with a whiff of human blood to exploit. Accept it and all of you may be able to avoid the heart attacks and heart failure that you are heading towards. Get a grip! And grow up.
@Heather Hetherington
Did it ever occur to you that many of us actually like our country and don’t care what British people think about it? What exactly gives someone like you such a high moral platform to speak from?
“Obama is all you have, so instead of bitching about it, get behind him” Heather Hetherington
We obviously have diametrically opposed points of view and manny of us do not feel helpless like you.
If BHo was born in HI, we will drop that issue. But he is not “all that we have”. There are the legislative and judicial branches of our government that we will not let him marginalize or subvert. While some elements of the Opposition will challenge BHo in a principled but genteel fashion, there will be a more robust Opposition that will do everything legal to kick this Marxist counter-revolutionary to the curb and then kick him and Rahmbo some more, till we have the type of patriotic Americans administering our Republic for which our Founding Fathers fought and died.
We are waging a fight to the death for the continuation of our Republic. You can fight with us, fight against us, or sit on the back porch, but we will not drink the hemlock of neo-Marxism and stateism while BHo says, “It is good drink and all of your problems will go away.”
The Kenyan Cornerboy may screw some of the people but we will not relinquish to him and illegal alien hordes our Republic.
In 1993, Michelle and Barack Obama attended a Rose Garden ceremony at the WH with First Lady Hillary Clinton.
It is likely the SS did background check on the Obamas before they were allowed to have a face-to-face meeting with the First Lady. Those background checks are in the National Archives.
This was another story I read back when, that I can’t help but feel shows another omission of guilt by obama & friends….
‘Natural-born’ requirement called ’stupidest provision’
Also ‘discriminates, outdated, undemocratic and assumes birthplace a proxy for loyalty’
http://www.wnd.com/index.php?fa=PAGE.view&pageId=82680
Carl,
I read 44 USC 2201. It addresses records that are created while a president is holding office.
A long form birth certificate will forever reside in the office of a city or county clerk. Perhaps Obama could request a COPY of it and send it to the National Archives. The Archivist could keep that on file. But the ORIGINAL would remain on file in the city or county where he was born, if born here – not sure how that’s done in Kenya.
Same would go to any records in Indonesia. The originals would remain there. He could request copies. Same would go to his college records. The originals always remain with the schools.
Under this EO if the Archivist were to obtain copies of those documents, sent to him by the president while holding office, then, the Archivist, perhaps, could be prevented from making them public. But why would Obama send the Archivist copies? The original documents are already quite secure in the locations that they reside.
The Archivist can’t prevent Honolulu, the State of Hawaii, Kenya, Indonesia, or a college from producing copies of records under their possession and control. Nor can he compel them to produce the same. It’s way beyond any authority of the Archivist.
A president can’t demand that Honolulu, Indonesia, Kenya, Hawaii or a college turn over the ORIGINAL of record(s) to him. There are local laws which prohibit that. They’d be unable to oblige such a request or demand. Thus, the ORIGINAL of the records we’d love to see will never be in the National Archives, under the authority and control of the Archivist. And it would be Outrageously silly for Obama to order up COPIES of them and send them to the Archivist, since the Archivist can only be compelled by the president to withhold the records produced while in office.
Consider that the National Archives ALREADY holds a plethora of records produced by Obama as a Senator. This EO doesn’t go to them. Those are prior records. Even if they were delayed in transit and arrived only after Obama took office they don’t become “presidential records.” The record was made before he was president!
His birth records, school records, Indonesian passport records, were certainly all made before he (allegedly) became president. Those documents aren’t “presidential records.” No EO or statute can define them as such.
I’d be willing to wager that the National Archives has a copy of Obama’s “Audacity of Hope.” That book isn’t a “Presidential Record” under the EO, simply because it was published before he was sworn in.
The EO can be viewed as a proactive way to prevent the Archives from releasing Obama’s records after he leaves office. I tend to view it, instead, as an immediate way to prevent the Archives from releasing records produced by GWB while in office.
One must speculate that those might prove as embarrassing to Obama as they would GWB, since Obama is maintaining many of the same policies. Gitmo still exists, the military is still in Iraq and Afghanistan, I’ve not heard Obama call for a repeal of the Patriot Act. You?
That was why it was such a high priority to get it issued. When one’s predecessor uses powers beyond the Constitution and one intends to do the same, then the first order of business is to cover the butt of the predecessor.
Interestingly, Obama maintained Robert Gates as the Secretary of Defense. The lack of qualification of office is really a Military issue. The Constitution is vocal about the “qualification” but utterly silent about whose duty it shall be to judge that the qualifications exist. In contrast, the Constitution makes it a duty of the House and Senate to judge the qualifications of their own members.
Thus, what we have here is a situation where all three branches of the government can quite honestly say, “Not my job.”
But the military really exists as a fourth branch, subject to not the executive branch, but to the president (not as an executive officer), but under his other office, Commander in Chief.
The military can demand credentials and qualifications. A Corporal standing sentry can (and will) demand that even a General produce identification documentation before he’ll open a gate. It’s “procedure.” And the General can’t refuse the Corporal’s demand! I rather suspect that there are some installations where that low rank sentry is compelled to use deadly force should a General refuse his demand!!
Thus, from my vantage, you and I can’t demand to see proof of qualifications. Congress can’t. The courts are really just as helpless, absent a Constitutional mandate that “makes it their job.”
The military, however, are able to make such a demand. It really is their job. The question isn’t whether Obama is a qualified president. The question is: Is Obama qualified to be Commander in Chief.
Perhaps that’s why the Framers didn’t bother to state whose job it shall be. It was implicit by establishing an Army and Navy and by defining that the president shall also be the Commander in Chief over them.
I’ve no authority when it comes to soldiers and sailors. They operate on their own authority under the Constitution and more specifically under the oaths they’ve sworn to it and to also obey the Commander in Chief. That’s what was so interesting about the Cook case. If the C-in-C is not qualified, he’s on the horns of a dilemma, either of which would evidence a perjury to that oath.
That stated, you’re wondering – so why aren’t they demanding to see his qualifications at some higher levels?
Consider that these people are the ultimate strategists. They don’t just rush headlong into anything. They plan it out. They wait until the timing seems to be its absolute best. That might well be the reason that Cook’s orders were rescinded. And they have the ability to bide their time, since the Secretary of Defense (actually a “civil officer”) has appointment by a qualified (former) Commander in Chief. Funny how that works out, eh?
Consider that if Obama were proved unqualified, whose duty would it be to eject him from the White House? Nothing in the Constitution on that matter either. We kinda run into separation of powers. Congress and the Courts would be very hesitant to issue a law or order to that end. I can’t envision an executive officer, like Secret Service doing it. They’re Treasury officers and, whoops, their boss is just as illegitimate, having been appointed by a pretender. FBI? Same problem, different department.
The duty would have to fall to the military. They have “continuity.” They don’t operate the way a civil chain of command does. And with Gates still holding legitimate civil office, that really helps to eliminate any questions on “continuity.”
So I’m waiting. Like you, I wish they’d hurry up. But they don’t run on any schedule save their own. Could be that they’re just waiting for the public to catch up, knowledge-wise, to them, so when they do it, we can understand it. Blogs like this are essential to that, so I congratulate you. Could be that they’re feeding rope so that he hangs himself, could be that they’re waiting for an order, a direct order from the (alleged) C-in-C, that gives them reason to raise the demand.
I don’t have much faith in politicians, bureaucrats or judges. I do have substantial faith in our military (or this nation would have long ago ceased to exist). They have to get all of the ducks in a row, tho, so that what they do doesn’t look like a coup. That might be what’s causing what you and I find to be an undue delay. This duty is unprecedented. Never before had to be performed – not in this Republic. So, they could be treading very lightly, just waiting for the appropriate point to come.
That’s my take on it. Oh, and I suspect that if the Army sent a detachment to the clerk’s office in Honolulu, or any of Obama’s alma maters – even the National Archives – and demanded a record nobody in possession of it would be arguing about local law, EOs, even Title 44, or “privacy.” Kenya and Indonesia would get a bit sticky, but they probably wouldn’t need to go that far.
They also would know that when they perform that duty, the results are very likely going to be a “civil crisis” along with the “Constitutional crisis.” That’s about as predictable as sunrise. There will be turmoil everywhere. Trying to plan around that could also be reason for the delay.
Just my thoughts on it.
I understand the feelings my email has evoked. However, I am not British and I don’t know where you got that from. But it doesn’t matter. For what it’s worth my father is American. I don’t think it matters what I am. It is an opinionh that’s all. Matthew above was given a sarcastic response to his email, re keep drinking the Kool-Aid. If you want this to be an open forum with all sorts of opinions and ideas, then you must respect what others say. However, if it proves to be, that Obama has blatantly lied regarding his place of birth, then I will feel as cheated as the next person. And may I add, that it won’t surprise me if he has been lying. To place ANY faith in ANY political party is fatal. None of them, ultimately, have our best interests at heart. Yes, they have idealisms that they bandy about, but when it comes right down to it none of them are ultimately working for the millions of supporters as a whole. And that goes for any country, not just the USA. As I said, nothing a politician does would surprise me. I don’t think Obama is doing himself a favour by witholding his birth cert from the public. It can only prove to be futile, as his records in Kenya must surely be available to the public for research, as they are anywhere else in the world, say for geniology.
It doesn’t matter where you’re from, but you have a UK IP address.
Yes I know. That will be because I work here.
You didn’t read the executive order. Here is the correct explanation at Atlas Shrugs – the webiste that broke the COLB forgery (complete analysis here)
OBAMA’S BUSH HUNT: PRESIDENTIAL ORDER 13489
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.
[...] agenda (his first day in office) was to issue an EO to have all of his birth and scholastic records SEALED. Why? Why has the liberal media been so complicit in hiding the truth about, not only OBAMA’s [...]