Out of Sight, But Not Out of Mind: How Executive Order 13,233 Expands Executive Privilege While Simultaneously Preventing Access to Presidential Records

42 Pages Posted: 29 Jul 2010 Last revised: 7 Aug 2010

See all articles by Marcy Lynn Karin

Marcy Lynn Karin

University of the District of Columbia David A Clarke School of Law

Date Written: 2002

Abstract

This paper explores the impact of Executive Order 13,233 on public access to presidential materials and the context in which President Bush issued the Order on November 1, 2001. It begins by defining executive privilege, tracing its creation, and examining how the different branches of government have interpreted it. The paper continues by describing how the Order changes and interacts with the previous law surrounding executive privilege, examines the process for gaining access to presidential records, and explains how the Order violates constitutional separation of powers principles. Finally, the paper considers the possibility of both a legislative and judicial solution to the problem and analyzes why the non-Executive branches are better suited to resolve the dispute.

Suggested Citation

Karin, Marcy, Out of Sight, But Not Out of Mind: How Executive Order 13,233 Expands Executive Privilege While Simultaneously Preventing Access to Presidential Records (2002). Stanford Law Review, Vol. 55, No. 2, p. 529, 2002. Available at SSRN: https://ssrn.com/abstract=1650425

Marcy Karin (Contact Author)

University of the District of Columbia David A Clarke School of Law ( email )

4200 Connecticut Avenue NW, Bldg. 52
Washington, DC 20008
United States

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