Article: Out of sight, but not out of mind: how Executive Order 13,233 expands executive privilege while simultaneously preventing access to presidential records.

Behind closed doors, there is no guarantee that the most basic of individual freedoms will be preserved. And as we enter the 21st Century, the great fear we have for our democracy is the enveloping culture of government secrecy and the corresponding distrust of government that follows.

--Senators Daniel Patrick Moynihan and Ron Wyden October 2000 (1)

INTRODUCTION

On November 1, 2001, President George W. Bush issued Executive Order 13,233 (the "Order" or "Bush's Order"). The Order allows a current or former president to block public access to the federal records created during his administration. In issuing the Order, President Bush revoked ...

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