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November 1, 2001executive orderpresidential recordsexecutive privilegegovernment transparencycivil libertiesexecutive powerpresidential recordsgovernment transparency

Bush signs Executive Order 13233, expanding presidential records secrecy

President George W. Bush signed Executive Order 13233 on November 1, 2001, drafted by White House Counsel Alberto Gonzales, allowing former presidents, their heirs, and designated representatives to claim executive privilege over presidential records indefinitely — even after the former president's death. The order replaced Reagan's EO 12667 and effectively nullified the PRA's 12-year restricted access period. Public Citizen, the American Historical Association, and the Organization of American Historians filed suit within weeks to challenge the order.