Posted on | September 23, 2009 | 9 Comments
Orly. This morning Obama signed a new executive order which he claims is an effort to free up executive information that has previously been denied. He is having Holder and the DOJ be the reviewing authority before information is released. The problem with that he claims is always the reverse of what he means. This executive order is to go into effect on 1 Oct just 4 days before the dismissal hearing. What I think is that this is going to be precursor to try and stop any release of his information as he will claim it as a threat to the security of the country, which is the basis of the order. I think you can find the information on line at the Washington Post. He also signed a gag order against an insurance company who has been advising their patients that they did not agree with certain provisions of the health care bill. Now he wants to dictate what insurance providers can brief to their clients.
Steve Neuenschwander
PS: He also threw Israeli under the bus at the UN this morning as well.
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September 23rd, 2009 @ 7:52 pm
Oh my gosh, this is horrible.
Please Orly, can you not get an emergency hearing with judge Carter, I am in such a panick, I am scared, and I only pray, that we make it, early enough to get rid of that evil.
This all is so frightening what he is doing to America, I can’t stand it anymore.
September 23rd, 2009 @ 11:26 pm
obummer is doing it today ? Weird indeed…He did it jus because Orly’s suit…He was supposed to worry about UN stuff today, not about hiding his stuff. He is getting scareeeeeeeeeeeed!
September 24th, 2009 @ 12:20 am
A Press Release from the Ayn Rand Center said, in part:
“The Centers for Medicare and Medicaid Services recently launched an investigation … at the urging of Senator Max Baucus … into an attempt by the health insurance company Humana to enlist its customers to fight proposed cuts to Medicare Advantage.”
Not quite gagged … yet. Still, it is important to remember one important difference between private companies and the government. In the private sector, if you don’t like the way one company serves you, you switch to another. With government, you’re stuck with what you’ve got – and their willingness to use fear, threats, and intimidation; they’ve got the power of the gun as their final arbiter.
And as for obooboo throwing people under the bus, that’s what that shallow, third-rate narcissistic party hack does best. The suit is empty; there’s nothing there except the echos of the last person that talked to him. There’s not even a history ~ though hopefully that will soon change.
Leon Brozyna
CW2, USA (Ret)
September 24th, 2009 @ 12:55 am
Of course it would be a threat to the security of the country…. half of the inner city people will riot and the military will be forced into a bad situation of whether to follow false, illegal orders, go to battle with their own countrymen, or to join the Patriots and step up to the do the right thing – fight for the Constitution!
I do not look forward to the days ahead, sadly….
September 24th, 2009 @ 2:56 am
OH BLAST!!!!! Is there nothing to stop this evil man? (Sorry, just venting)
September 24th, 2009 @ 4:14 am
ORLY:This is a copy of the Executive order Obama signed on 9/23/09
USDOJ Seal
Office of the Attorney General Washington D.C. 20530
September 23, 2009
MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES MEMORANDUM FOR THE HEADS OF DEPARTMENT COMPONENTS
FROM: The ATTORNEY GENERAL
SUBJECT: Policies and Procedures Governing Invocation of the State Secrets Privilege
I am issuing today new Department of Justice policies and administrative procedures that will provide greater accountability and
reliability in the invocation of the state secrets privilege in litigation. The Department is adopting these policies and
procedures to strengthen public confidence that the U.S. Government will invoke the privilege in court only when genuine and
significant harm to national defense or foreign relations is at stake and only to the extent necessary to safeguard those
interests. The policies and procedures set forth in this Memorandum are effective as of October 1. 2009. and the Department shall
apply them in all cases in which a government department or agency thereafter seeks to invoke the state secrets privilege in
litigation.
1. Standards for Determination
A. Legal Standard. The Department will defend an assertion of the stale secrets privilege (“privilege”) in litigation when a
government department or agency seeking to assert the privilege makes a sufficient showing that assertion of the privilege is
necessary to protect information the unauthorized disclosure of which reasonably could be expected to cause significant harm to the
national defense or foreign relations (“national security'”) of the United States. With respect to classified information, the
Department will defend invocation of the privilege to protect information properly classified pursuant to Executive Order 12958, as
amended, or any successor order, at any level of classification, so long as the unauthorized disclosure of such information
reasonably could be expected to cause significant harm to the national security of the United States. With respect to information
that is nonpublic but not classified, the Department will also defend invocation of the privilege so long as the disclosure of such
information reasonably could be expected to cause significant harm to the national security of the United States.
B. Narrow Tailoring. The Department’s policy is that the privilege should be invoked only to the extent necessary to protect
against the risk of significant harm to national security. The Department will seek to dismiss a litigant’s claim or case on the
basis of the state secrets privilege only when doing so is necessary to protect against the risk of significant harm to national
security.
Memorandum for Heads of Executive Departments and Agencies Page 2
Memorandum for the Heads of Department Components Subject: State Secrets Privilege
C. Limitations. The Department will not defend an invocation of the privilege in order to: (i) conceal violations of the law,
inefficiency, or administrative error; (ii) prevent embarrassment to a person, organization, or agency of the United States
government; (iii) restrain competition; or (iv) prevent or delay the release of information the release of which would not
reasonably be expected to cause significant harm to national security.
2. Initial Procedures for Invocation of the Privilege
A. Evidentiary Support. A government department or agency seeking invocation of the privilege in litigation must submit to the
Division in the Department with responsibility for the litigation in question1 a detailed declaration based on personal knowledge
that specifies in detail: (i) the nature of the information that must be protected from unauthorized disclosure; (ii) the
significant harm to national security that disclosure can reasonably be expected to cause; (iii) the reason why unauthorized
disclosure is reasonably likely to cause such harm; and (iv) any other information relevant to the decision whether the privilege
should be invoked in litigation.
B. Recommendation from the Assistant Attorney General. The Assistant Attorney General for the Division responsible for the matter
shall formally recommend in writing whether or not the Department should defend the assertion of the privilege in litigation. In
order to make a formal recommendation to defend the assertion of the privilege, the Assistant Attorney General must conclude, based
on a personal evaluation of the evidence submitted by the department or agency seeking invocation of the privilege, that the
standards set forth in Section 1(a) of this Memorandum are satisfied. The recommendation of the Assistant Attorney General shall be
made in a timely manner to ensure that the State Secrets Review Committee has adequate time to give meaningful consideration to the
recommendation.
3. State Secrets Review Committee
A. Review Committee. A State Secrets Review Committee consisting of senior Department of Justice officials designated by the
Attorney General will evaluate the
1 The question whether to invoke the privilege typically arises in civil litigation. Requests for invocation of the privilege in
those cases shall be addressed to the Civil Division. The question whether to invoke the privilege also may arise in cases handled
by the Environment and Natural Resources Division (ENRD), and requests for invocation of the privilege shall be addressed to ENRD
in those instances. It is also possible that a court may require the Government to satisfy the standards for invoking the privilege
in criminal proceedings. See United States v. Araf, 533 F.3d 72, 78-80 (2d Cir. 2008); but see United States v. Rosen, 557 F.3d
192. 198 (4th Cir. 2009). In such instances, requests to submit filings to satisfy that standard shall be directed to the National
Security Division.
Memorandum for Heads of Executive Departments and Agencies Page 3
Memorandum for the Meads of Department Components Subject: State Secrets Privilege
Assistant Attorney General’s recommendation to determine whether invocation of the privilege in litigation is warranted.
B. Consultation. The Review Committee will consult as necessary and appropriate with the department or agency seeking invocation of
the privilege in litigation and with the Office of the Director of National Intelligence. The Review Committee must engage in such
consultation prior to making any recommendation against defending the invocation of the privilege in litigation.
C. Recommendation by the Review Committee. The Review Committee shall make a recommendation to the Deputy Attorney General, who
shall in turn make a recommendation to the Attorney General.2 The recommendations shall be made in a timely manner to ensure that
the Attorney General has adequate time to give meaningful consideration to such recommendations.
4. Attorney General Approval
A. Attorney General Approval. The Department will not defend an assertion of the privilege in litigation without the personal
approval of the Attorney General (or, in the absence or recusal of the Attorney General, the Deputy Attorney General or the Acting
Attorney General).
B. Notification to Agency or Department Head. In the event that the Attorney General does not approve invocation of the privilege
in litigation with respect to some or all of the information a requesting department or agency seeks to protect, the Department
will provide prompt notice to the head of the requesting department or agency.
C. Referral to Agency or Department Inspector General. If the Attorney General concludes that it would be proper to defend
invocation of the privilege in a case, and that invocation of the privilege would preclude adjudication of particular claims, but
that the case raises credible allegations of government wrongdoing, the Department will refer those allegations to the Inspector
General of the appropriate department or agency for further investigation, and will provide prompt notice of the referral to the
head of the appropriate department or agency.
In civil cases, the review committee’s recommendation should be made through the Associate Attorney General to the Deputy Attorney
General, who shall in turn make a recommendation to the Attorney General.
Memorandum for Heads of Executive Departments and Agencies Page 4
Memorandum for the Heads of Department Components Subject: State Secrets Privilege
5. Reporting to Congress
The Department will provide periodic reports to appropriate oversight committees of Congress with respect to all cases in which the
Department invokes the privilege on behalf of departments or agencies in litigation, explaining the basis for invoking the
privilege.
6. Classification Authority
The department or agency with classification authority over information potentially subject to an invocation of the privilege at
all times retains its classification authority under Executive Order 12958, as amended, or any successor order.
7. No Substantive or Procedural Rights Created
This policy statement 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.
September 24th, 2009 @ 10:05 am
I looked on the Washington Post, attempted to find the referral to the Executive Order, could not. Can you please name the article. Thanks!!!
September 24th, 2009 @ 1:55 pm
So, what really happened is that CMS is investigating an insurance company because the insurance company tried to gag its own employees.
Those Obots, they are so evil.
September 25th, 2009 @ 3:44 pm
“This morning Obama signed a new executive order”
Can anyone find it? I have searched extensively and cannot find reference to it.