Executive Order 13489: Presidential Records
President: Barack Obama
Replaced the Bush-era records order with procedures favoring disclosure under the Presidential Records Act while preserving lawful privilege claims.
Status: In effect. Is Executive Order 13489 still in effect? Yes. EO 13489 continues to govern presidential-records privilege review; NARA lists it among current Presidential Records Act authorities.
What does Executive Order 13489 do?
Obama signed EO 13489 on his first full day as President to change how NARA handled executive-privilege review before releasing presidential records. The Presidential Records Act already made the federal government responsible for preserving those records and established public and special-access rules. This order addressed the additional question of how incumbent and former presidents could assert privilege during a proposed disclosure. Signed order.
The Archivist had to notify the incumbent and the former president whose records were involved and identify materials that might raise a substantial privilege question. Normally, disclosure could follow 30 days after receipt of that notice unless a privilege claim or a reasoned, time-limited extension intervened. The Attorney General and White House Counsel reviewed possible claims for the incumbent. Claims by a former president followed consultation with those officials and a determination by the Archivist, subject to instructions from the incumbent or a final court order. Signed order.
Before and after
Before the order
EO 13233, issued by George W. Bush in 2001, supplied the prior executive procedures. EO 13489 revoked that order expressly. The transition did not turn presidential records into ordinary private papers or remove the statutory restrictions governing personal privacy, national security and other protected information. Signed order.
After the order
The new process specified who receives notice, who evaluates privilege and when release may occur. An incumbent's privilege claim had to identify the particular records in writing. For a former president's claim, NARA normally had to give at least 30 days' notice of its disclosure determination. Researchers still needed to use the Act's access procedures, and not every record became publicly available immediately. Signed order. Sources: NARA current presidential-records laws and EO 13489; Presidential Records Act and special access; 2014 amendments to Presidential Records Act; Trump v. Thompson: Supreme Court order.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Archivist of the United States / NARA | Notify incumbent and former presidents of intended disclosure, identify potentially privileged material, consult on former-president claims and carry out authorized release. | Normally 30 days after initial notice; normally at least 30 days notice before disclosure over a former-president claim. |
| Attorney General / Office of Legal Counsel | Review records and advise on incumbent and former-president privilege claims in consultation with White House Counsel and NARA. | After receiving disclosure notice; no separate fixed deadline. |
| Counsel to the President | Review claims, present unresolved privilege questions to the President and give written notice identifying any incumbent-claimed records. | During notice period; promptly after presidential decision. |
| Incumbent President or designee | Decide incumbent privilege claims and give lawful instructions on disclosure or a reasoned time-limited extension. | Before release; extensions must specify duration and reason. |
| Former President or representative | Receive notices and submit any claim concerning that president's records. | Within applicable notice period. |
What happened next
Obama signed EO 13489 and revoked EO 13233. Official source
The Presidential and Federal Records Act Amendments added statutory procedures for public disclosure notices. Official source
The Supreme Court denied Trump’s application to block release to the House committee. Official source
Legal and source detail
How it works legally
The controlling statute is the Presidential Records Act, 44 U.S.C. 2201–2207, with NARA's implementing regulations in 36 CFR part 1270. Executive privilege is a constitutional issue that an executive order cannot conclusively decide against a court. The order preserves final judicial authority and provides that implementation must comply with law and appropriations. It creates no new privately enforceable right. NARA's current statutory guidance also distinguishes public release from special access for Congress, courts and later administrations: statutory notice provisions and the order's privilege procedures must be read together. On January 19, 2022, the Supreme Court denied Trump’s application to prevent release of records sought by the House January 6 committee. That proceeding concerned a particular privilege dispute; it did not revoke this order or eliminate all future former-president claims. Signed order. Sources: NARA current presidential-records laws and EO 13489; Presidential Records Act and special access; 2014 amendments to Presidential Records Act; Trump v. Thompson: Supreme Court order.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on September 15, 2026. How we research →