Note from Rayelan: For years now most of us have believed that Obama wrote Executive Order 13489 to hide all his private and/or personal records. The writer at the Ron Paul forums makes a pretty good case that this is not the case.
Can anyone prove this one way or the other? If he did somehow write an EO sealing all his personal records, I believe there is enough proof now, with the person from Hawaii coming forward and admitting no long form birth certificate exists, for Obama, to open a formal investigation into his qualifications to be elected President.
I wonder what kind of sword his administration is holding over the heads of the House Republicans to keep them from launching this kind of investigation.
I have copied the text of Executive Order 13489 signed by President Obama January 21st, 2009 and inserted it at the bottom of this article.

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Obama did NOT seal off all of his records via executive order
I posted this in another thread in HT, but this fallacy comes up so much that I wanted to address it to a more general audience. There is a false rumor going around that Executive Order 13489 "seals off all of Obama's records". Supposedly this is how Obama can seal off his school and birth records. Here's the problem. That Executive Order only affects presidential records and by the definition in the executive order, records made prior to being elected president are NOT "presidential records". People who think that either haven't read the executive order or haven't read the statute it was amending or haven't done the proper statutory analysis. Here's what I offer as proof.
The executive order in question states that the archivist must give the incumbent president notice before disclosing presidential records and must consult with the administration before releasing the presidential records of former presidents. The executive order defines "presidential records" as those defined as such in the "Presidential Records Act". From that act:
(2) The term "Presidential records" means documentary materials, or any reasonably segregable portion thereof, created or received by the President, his immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term--
(A) includes any documentary materials relating to the political activities of the President or members of his staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but
(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) of title 5, United States Code; (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.
Presidential records must have been:
1) Created during the course of being president
2) Created by the president or his staff or advisers and
3) Created pursuant to official duties as president
So unless school records, birth certificates or other documents that people seem so interested in were created while Obama was president and created by him or his staff or advisers and pursuant to his official duties as president, then they aren't covered by this executive order.
Further even campaign records are not covered by this executive order. The Presidential Records Act defines campaign records under "personal records". See:
(3) The term "personal records" means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes--
(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;
(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and
(C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.
So no. Obama did not "seal off his records via executive order". Even if we assume the worst and that Obama wanted to hide his records in order to be "electable", that would at best fall under "personal records" and not "presidential records". Finally this executive order only applies to information under the control of the archivist. It doesn't apply to school records because they are not under the national archivist's control.

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Presidential Documents
4669
Federal Register
Vol. 74, No. 15
Monday, January 26, 2009
Title 3—
The President
Executive Order 13489 of January 21, 2009
Presidential Records
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant
to the Presidential Records Act of 1978, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ‘‘Archivist’’ refers to the Archivist of the United States or his designee.
(b) ‘‘NARA’’ refers to the National Archives and Records Administration.
(c) ‘‘Presidential Records Act’’ refers to the Presidential Records Act, 44
U.S.C. 2201–2207.
(d) ‘‘NARA regulations’’ refers to the NARA regulations implementing the Presidential Records Act, 36 C.F.R. Part 1270.
(e) ‘‘Presidential records’’ refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records.
(f) ‘‘Former President’’ refers to the former President during whose term or terms of office particular Presidential records were created.
(g) A ‘‘substantial question of executive privilege’’ exists if NARA’s disclosure of Presidential records might impair national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the executive branch.
(h) A ‘‘final court order’’ is a court order from which no appeal may be taken.
Sec. 2. Notice of Intent to Disclose Presidential Records. (a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the incumbent
and former Presidents, shall identify any specific materials, the
disclosure of which he believes may raise a substantial question of executive privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist. Copies of the notice
for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.
(b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice. If a shorter period of time is required under the circumstances
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Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice.
Sec. 3. Claim of Executive Privilege by Incumbent President. (a) Upon receipt of a notice of intent to disclose Presidential records, the Attorney General (directly or through the Assistant Attorney General for the Office of Legal Counsel) and the Counsel to the President shall review as they deem appropriate
the records covered by the notice and consult with each other, the Archivist, and such other executive agencies as they deem appropriate concerning whether invocation of executive privilege is justified.
(b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under subsection (a) of this section, may jointly determine that invocation of executive privilege is not justified. The Archivist shall be notified promptly of any
such determination.
(c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General.
(d) If the President decides to invoke executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an
incumbent President or by a final court order.
Sec. 4. Claim of Executive Privilege by Former President. (a) Upon receipt of a claim of executive privilege by a living former President, the Archivist shall consult with the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel), the Counsel to the President, and such other executive agencies as the Archivist deems appropriate concerning
the Archivist’s determination as to whether to honor the former
President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege. Any determination under section 3 of this order that executive privilege shall not be invoked by the incumbent President shall not prejudice the Archivist’s determination with respect to
the former President’s claim of privilege.
(b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order.
The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records,unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel
to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
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Federal Register /Vol. 74, No. 15 /Monday, January 26, 2009 / Presidential Documents 4671
Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked.
THE WHITE HOUSE,
January 21, 2009.
[FR Doc. E9–1712
Filed 1–23–09; 8:45 am]
Billing code 3195–W9–P
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