Doesn’t matter.
“Significantly, the PRA explicitly excludes agency records from the definition of “presidential records.” Under Section 2201(2)(B) the term presidential records “does not include any documentary materials that are . . . official records of an agency.” As if the term agency were not clear enough, the PRA incorporates the definition set forth in Section 552 of Title 5, U.S. Code. (That definition has been moved. In 1978, when the PRA was enacted, it was in Section 552(e); it is now in Section 552(f).) That provision broadly instructs that an agency is any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.
Further, the provision broadly defines an agency record to include any information the agency or its contractors maintain in connection with the agency’s operations. Patently, intelligence reports compiled by the Defense Intelligence Agency, CIA, NSA, FBI, and other U.S. national-security agencies are agency records. They are not presidential records by definition and by common sense — i.e., these agencies are created by Congress, their operations are authorized by Congress, they are underwritten with taxpayer funds by Congress, and Congress is empowered to conduct oversight of their activities, which necessitates that agency officials and lawmakers have access to their records.”
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When they are provided to the President, they become Presidential Records.
Mark Levin
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Sorry,
I interpret that section you posted as meaning ALL Records are not
Presidential Records. But that excerpt says noting about records that
have been passed on to the President for his review.
I disagree.
Every one of these agencies are under the authority of the President of the United States. He doesn't answer to them.
Stop posting this crap that suggests these "U.S. national-security agencies" function as a fourth branch of government. This is preposterous on its face.
But that does not mean at all that Trump is prohibited from having them in his possession. It just means those records do become part of the National Archives upon the President leaving office.
The definition is for purposes of excluding what goes in the archives not what the President may possess.
Those records are part of the agencies in the Executive Branch- guess who heads that?
Apply that standard to Barrack Obama… 33,000,000 documents he took… many so called agencies records.