Executive Order 12667
Encyclopedia
Executive Order 12667 established a procedure for former United States
Presidents
to limit access to certain records which would otherwise have been released by the National Archives and Records Administration
under the Presidential Records Act
of 1978. It was issued by President Ronald Reagan
on 18 January 1989.
The Executive Order was superseded by Executive Order 13233
on 1 November 2001, which allows former Presidents to have greater control over which records are released by the NARA. President George W. Bush's Executive Order 13233
was then revoked by President Barack Obama
on January 21, 2009, his first day in office, who essentially restored the provisions of Order 12667 in his new Order.
must notify both the incumbent
President and the former President of any records which the Archivist believes may be subject to a claim of Executive privilege
. 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 and the Counsel to the President. 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
.
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.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Presidents
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
to limit access to certain records which would otherwise have been released by the National Archives and Records Administration
National Archives and Records Administration
The National Archives and Records Administration is an independent agency of the United States government charged with preserving and documenting government and historical records and with increasing public access to those documents, which comprise the National Archives...
under the Presidential Records Act
Presidential Records Act
The Presidential Records Act of 1978, , is an Act of Congress of the United States governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all presidential records...
of 1978. It was issued by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on 18 January 1989.
The Executive Order was superseded by Executive Order 13233
Executive Order 13233
Executive Order 13233 limited access to the records of former United States Presidents. It was drafted by then White House Counsel Alberto Gonzales and issued by George W. Bush on November 1, 2001...
on 1 November 2001, which allows former Presidents to have greater control over which records are released by the NARA. President George W. Bush's Executive Order 13233
Executive Order 13233
Executive Order 13233 limited access to the records of former United States Presidents. It was drafted by then White House Counsel Alberto Gonzales and issued by George W. Bush on November 1, 2001...
was then revoked by President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
on January 21, 2009, his first day in office, who essentially restored the provisions of Order 12667 in his new Order.
Procedure
Before releasing any records of a former President, the Archivist of the United StatesArchivist of the United States
The Archivist of the United States is the chief official overseeing the operation of the National Archives and Records Administration. The first Archivist, R.D.W. Connor, began serving in 1934, when the National Archives was established as an independent federal agency by Congress...
must notify both the incumbent
Incumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...
President and the former President of any records which the Archivist believes may be subject to a claim of Executive privilege
Executive privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government...
. 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 and the Counsel to the President. 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
Court order
A court order is an official proclamation by a judge 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 out of certain steps by one or more parties to a case...
.
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.
External links
- reagan.utexas.edu — The full text of Executive Order 12667
- http://www.whitehouse.gov/the_press_office/ExecutiveOrderPresidentialRecords/ - The full text of the current Executive Order on Executive Privilege