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.

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.

‘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

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.

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.