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E.O. THAT BUSH SIGNED in TERMS OF PRESIDENTIAL RECORDS AND ULTIMATE AUTHORITY ON WHAT HAPPENS IF THERE IS A STALEMATE BETWEEN FORMER/INCUMBENT PRESIDENTS ON WHETHER THEY SHOULD BE RELEASED
(GET READY FOR THIS EYE-OPENER)
1) When the former President has requested withholding of the records:
(i) If under the standard set forth in section 4 below, the incumbent President CONCURS in the former President's decision to request withholding of records as privileged, the incumbent President shall so inform the former President and the Archivist. The Archivist shall not permit access to those records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President agree to authorize access to the records or until so ordered by a final and nonappealable court order.
(ii) If under the standard set forth in section 4 below, the incumbent President DOES NOT CONCUR in the former President's decision to request withholding of the records as privileged, the incumbent President shall so inform the former President and the Archivist.
__Because the FORMER President independently retains the right to assert constitutionally based privileges, the Archivist shall NOT permit access to the records by a requester unless and until the incumbent President advises the Archivist that the former President and the incumbent President AGREE_ to authorize access to the records or until so ordered by a final and nonappealable court order.
Bottom Line: Hunky dory if they BOTH AGREE TO WITHHOLD....and if they don't? TRUMP IS TRUMPED!
I WONDER IF THIS HAS ANYTHING TO DO WITH THE REMAINING JFK FILES BEING WITHHELD???? In other words, elder Bush saying NO -- even IF POTUS IS SAYING YES -- and because of the E.O., Bush Sr. has precedence???