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News & ArtsThursday, January 22, 2009
Politics A Friend, Who's a Lawyer, Stayed Up Last Night Reading Obama's First Two Executive Orders
Posted by Christopher Frizzelle on Thu, Jan 22, 2009 at 6:09 AM
Here's what he discovered:
I was perusing whitehouse.gov and, as a nerd lawyer who enjoys reading written law (meaning statutes, regulations and the like), found myself reading Mr. O'President's first two Executive Orders. One involves procedures for release by the Archivist of documents possibly subject to a claim of executive privilege by the incumbent or a former President. Zzzzzzzzzzzz. The other is styled "Ethical Commitments by Executive Branch Personnel," setting forth rules about such things as acceptance of gifts and revolving door issues. What caught my eye, what would never have been ordered by W, is the following Ethical Commitment:
"6. Employment Qualification Commitment. I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience."
This is huge. Understand that if an Executive Branch employee violates that rule, the Attorney General can go after the miscreant, including barring him or her from government service, barring him or her from lobbying the Federal government, enjoining him from the violation, and going after any cash or other things of value he or she got.
How different would today's Justice Department, for example, look if such an Order had been in place in 2001? How many Federalist Society lawyers would have been hired ahead of Top Ten grads from major law schools?
Imagine! A requirement that public servants be selected based on their "qualifications, competence, and experience." We are entering a mysterious, brave, new world, one based on, um, common sense and the public interest.
1
Um, if the writer hadn't fallen asleep, they might not have missed this in the other Executive Order:
"Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked."
Not only does it essentially restore the Presidential Records Act to the state it was prior to the Bush Administration, it also now specifically covers the office of the Vice President. This woke me the fuck up.
"Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked."
Not only does it essentially restore the Presidential Records Act to the state it was prior to the Bush Administration, it also now specifically covers the office of the Vice President. This woke me the fuck up.
4
These first few days/weeks/years are just going to be great as it becomes clearer that bright and competent people are once again running things in Washington. Hallelujah!
7
WOWIE!!
You guys are right,
I admit I was wrong.
Even sex with my fat ugly nag of a wife is GREAT now that Obama is President!!
I voted for McCain but still get to live in Nirvana!
The Master truly is
kind
wise
benevolent
and
all-powerful !!
You guys are right,
I admit I was wrong.
Even sex with my fat ugly nag of a wife is GREAT now that Obama is President!!
I voted for McCain but still get to live in Nirvana!
The Master truly is
kind
wise
benevolent
and
all-powerful !!
8
1. Yes good moves by the Obama team to put this stuff in writing. Esp. after the childish GWB/GOP/terror struck approach (pres, or USA, can implicitly do whatever childish thing they want without regard to law, etc.).
2. But no, you don't need to put it in writing, legally, it's already in the emplyment contract as implied promise ("yes, in fact I will do this job"!).
It's GWB and last 8 years that sowed doubt and are making us now have to prescribe normalcy in writing.
Am liking the lawyerly, sober approach, incl. the oath do over.
2. But no, you don't need to put it in writing, legally, it's already in the emplyment contract as implied promise ("yes, in fact I will do this job"!).
It's GWB and last 8 years that sowed doubt and are making us now have to prescribe normalcy in writing.
Am liking the lawyerly, sober approach, incl. the oath do over.
9
I was excited too about the order opening up the archives, though I have to admit it isn't the best part of me relishing the thought of the Bush Administration's records coming into light.
[Also: The permalink seems like it's working properly.]
[Also: The permalink seems like it's working properly.]
10
Actually, @7, you're going to live in a self imposed hell for the next 4 - 8 years. And that's your choice. I'm sure you'll work against solving the problems of this nation and then bitch if they aren't solved.
It isn't Obama who's going to save the country, it's us. You included, if you'll quit whining and get to work.
It isn't Obama who's going to save the country, it's us. You included, if you'll quit whining and get to work.
11
People like #7 have no idea how they've been misled in the past 8 years.
It's like a fish who can't feel wet.
It's like a fish who can't feel wet.
14
11
my eyes!
I'm starting to see dark and light areas.....
I CAN SEE!!!!
Obama restored my sight!!!!
halejuja!!!!!!!!!
my eyes!
I'm starting to see dark and light areas.....
I CAN SEE!!!!
Obama restored my sight!!!!
halejuja!!!!!!!!!
16
at 8. it did need to be put in writing, because what you've noted is not what was done today. what you mentioned simply means that the incapable employee can be fired/dismissed/ignored. the only punitive measures in place effect the hired employee, in employment only.
likewise, the hiring person could previously only be "punished" by firing/demoting/talking-to.
the new legislation adds LEGAL responsibility and moves that responsibility UP the ladder too. now a manager who knowingly hires people who aren't capable because of friendship/payoffs, can be fined, barred from public office, etc.
this IS new, and it's a good thing.
likewise, the hiring person could previously only be "punished" by firing/demoting/talking-to.
the new legislation adds LEGAL responsibility and moves that responsibility UP the ladder too. now a manager who knowingly hires people who aren't capable because of friendship/payoffs, can be fined, barred from public office, etc.
this IS new, and it's a good thing.
17
"One involves procedures for release by the Archivist of documents possibly subject to a claim of executive privilege by the incumbent or a former President. Zzzzzzzzzzzz."
-- Actually not as boring as you might think!
http://tpmmuckraker.talkingpointsmemo.co…
This might be the first step to seeing Bush's 'secret' records. I am pretty excited by this.
-- Actually not as boring as you might think!
http://tpmmuckraker.talkingpointsmemo.co…
This might be the first step to seeing Bush's 'secret' records. I am pretty excited by this.
20
THIS IS HUGE. This is transparency. This is an executive branch that doesn't try to keep it's every move secret. This is very, very important.
Hiring competent people is also huge. But don't denigrate the end of the secret executive.
One involves procedures for release by the Archivist of documents possibly subject to a claim of executive privilege by the incumbent or a former President
THIS IS HUGE. This is transparency. This is an executive branch that doesn't try to keep it's every move secret. This is very, very important.
Hiring competent people is also huge. But don't denigrate the end of the secret executive.
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