Executive Order 12667 established a procedure for former

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Presidents President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *''Præsidenten ...

to limit access to certain records which would otherwise have been released by the

National Archives and Records Administration The National Archives and Records Administration (NARA) is an independent agency of the United States government within the executive branch, charged with the preservation and documentation of government and historical records. It is also task ...

under the

Presidential Records Act The Presidential Records Act (PRA) of 1978, , is an Act of the United States Congress governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all president ...

of 1978. It was issued by President

Ronald Reagan Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...

on 18 January 1989. The Executive Order was revoked by President

George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...

Executive Order 13233 Executive Order 13233 limited access to the records of former United States Presidents to a higher degree than the previous Order 12667, which it superseded. It was drafted by then White House Counsel Alberto Gonzales and issued by George ...

on 1 November 2001, which further limited access to the records of former United States Presidents. This order was in turn revoked by President

Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...

's ''Executive Order no. 13489, Presidential Records'', (January 21, 2009) on January 21, 2009 (his first day in office), which essentially restored the provisions of with some modifications.

Procedure

Before releasing any records of a former President, the

Archivist of the United States The archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA) of the United States. The archivist is responsible for the supervision and direction of the National Archives. The ...

must notify both the

incumbent The incumbent is the current holder of an office or position. In an election, the incumbent is the person holding or acting in the position that is up for election, regardless of whether they are seeking re-election. There may or may not be ...

President and the former President of any records which the Archivist believes may be subject to a claim of

Executive privilege Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and ot ...

. Each President then has 30 days to submit the claim in writing to the Archivist. ;Incumbent President: The incumbent President consults with the

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

and the

Counsel to the President The White House Counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Off ...

. If the President chooses to submit a claim of Executive privilege, the Archivist will not release the privileged records unless directed to do so by an incumbent President or by a final

court order A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying o ...

. ;Former President: If the former President submits a claim of Executive privilege, the Archivist consults with the Attorney General, the Counsel to the President and any other relevant Federal agencies. Ultimately, the Archivist decides whether or not to honor the former President's request to privilege the records. Since only those records approved for release by the incumbent President are examined by the Archivist under this section of the Executive Order, the Archivist does not take this into account when determining whether or not to grant the claim of Executive privilege by a former President. If the Archivist decides to release the records notwithstanding a claim by a former President, he must notify both the incumbent and former Presidents no fewer than 30 days before the records are released. If after 30 days the Archivist has received no claims, he releases the records pursuant to the PRA.

References

External links

reagan.utexas.edu
{{Webarchive, url=https://web.archive.org/web/20110421055027/http://www.reagan.utexas.edu/archives/speeches/1989/011889f.htm , date=2011-04-21 — The full text of Executive Order 12667
The full text of the current Executive Order on Executive Privilege
1989 in American law 12667