Presidential Records (E.O. 13489)

Summary

Creates a process for current and past presidents to keep their official papers private by claiming a special right called executive privilege.

What problem does this solve?

There was confusion over how a former president could keep their records private after leaving office. This order sets up a clear process for both current and past presidents to use executive privilege to protect their records from being released to the public.

What does this order do?

Revokes a previous executive order

Cancels Executive Order 13233 from 2001, which had placed more restrictions on the release of presidential records.

Establishes a notification process

Requires the National Archives (NARA) to tell the current and former presidents before it plans to release any presidential records.

Gives the current president influence over past records

States that the Archivist must follow the instructions of the current president when deciding on a former president's claim of privilege, unless a court orders otherwise.

Outlines how a sitting president can claim privilege

The Counsel to the President and the Attorney General review records and advise the President, who can then decide to formally claim executive privilege to block their release.

Defines the process for a former president's claim

A former president can claim privilege, but the Archivist, following instructions from the current president, makes the final decision on whether to release the records.

Who does this affect?

Current and former U.S. Presidents
National Archives and Records Administration (NARA)
Historians, journalists, and researchers

What is the real world impact?

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Creates an orderly process for releasing records

Establishes a clear, step-by-step method for the National Archives, the current President, and former Presidents to handle requests for presidential papers, ensuring a predictable system.

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Increases government transparency

Reverses a previous executive order that made it much harder for the public to see presidential records. This change makes it easier for historians and citizens to access government documents.

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Allows a sitting president to block records

Gives the current President significant influence over whether to honor a former President's claim of privilege. This could be used to protect political allies or hide information that might be embarrassing to their party.

When does this start?

This order became effective on January 21, 2009, and includes several specific deadlines for action.

30-Day review period

The Archivist must wait 30 days after notifying the presidents before releasing records, giving them time to review the materials and make a claim of privilege.

30-Day notice of final decision

After a former president makes a claim, the Archivist must inform the current and former presidents of the final decision at least 30 days before releasing the records.