Posted on 06/10/2023 12:49:58 AM PDT by linMcHlp
§ 2202. Ownership of Presidential records
The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
§ 2203. Management and custody of Presidential records
(a) Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President’s constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are preserved and maintained as Presidential records pursuant to the requirements of this section and other provisions of law.
(b) Documentary materials produced or received by the President, the President’s staff, or units or individuals in the Executive Office of the President the function of which is to advise or assist the President, shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.
(c) During the President’s term of office, the President may dispose of those Presidential records of such President that no longer have administrative, historical, informational, or evidentiary value if--
(1) the President obtains the views, in writing, of the Archivist concerning the proposed disposal of such Presidential records; and
(2) the Archivist states that the Archivist does not intend to take any action under subsection (e) of this section.
(d) In the event the Archivist notifies the President under subsection (c) that the Archivist does intend to take action under subsection (e), the President may dispose of such Presidential records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of continuous session of Congress in advance of the proposed disposal date. For the purpose of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the days in which Congress is in continuous session.
(e) The Archivist shall request the advice of the Committee on Rules and Administration and the Committee on Governmental Affairs of the Senate and the Committee on House Oversight and the Committee on Government Operations of the House of Representatives with respect to any proposed disposal of Presidential records whenever the Archivist considers that--
(1) these particular records may be of special interest to the Congress; or
(2) consultation with the Congress regarding the disposal of these particular records is in the public interest.
(f) During a President’s term of office, the Archivist may maintain and preserve Presidential records on behalf of the President, including records in digital or electronic form. The President shall remain exclusively responsible for custody, control and access to such Presidential records. The Archivist may not disclose any such records, except under direction of the President, until the conclusion of a President’s term of office, if a President serves consecutive terms upon the conclusion of the last term, or such other period provided for under section 2204 of this title.
(g)(1) Upon the conclusion of a President’s term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President. The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this chapter.
(g)(2) The Archivist shall deposit all such Presidential records in a Presidential archival depository or another archival facility operated by the United States. The Archivist is authorized to designate, after consultation with the former President, a director at each depository or facility, who shall be responsible for the care and preservation of such records.
(g)(3) When the President considers it practicable and in the public interest, the President shall include in the President’s budget transmitted to Congress, for each fiscal year in which the term of office of the President will expire, such funds as may be necessary for carrying out the authorities of this subsection.
(g)(4) The Archivist is authorized to dispose of such Presidential records which the Archivist has appraised and determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation. Notice of such disposal shall be published in the Federal Register at least 60 days in advance of the proposed disposal date. Publication of such notice shall constitute a final agency action for purposes of review under chapter 7 of title 5, United States Code.
The letter was addressed to Chairman Mike Turner, House Permanent Selection Committee on Intelligence.
Pg. 1, EXCERPTS:
As demonstrated by the discovery of documents with classification markings(1) in the homes of President Trump, President Biden, and Vice President Pence, deficient document handling and storage procedures are not limited to any individual, administration, or political party. A legislative solution by Congress is required to prevent the DOJ from continuing to conduct ham-handed criminal investigations of matters that are not inherently criminal.
Pg. 1, Footnote 1:
The purpose of this letter is not to opine about whether these documents are actually classified or have been declassified, but retain their classification markings. Despite our requests to DOJ, it has refused to tell us whether in its judgment any of the documents remain classified. Similarly, DOJ has refused to allow for inspection of the documents at any time during the last eight months despite the fact that one of our attorneys has sufficient clearance to view the majority of the documents marked as classified.
Pg. 2, "Factual Background" - EXCERPTS:
When President Trump left office, there was little time to prepare for the outgoing transition from the presidency . . . White House staffers and General Service Administration ("GSA") employees quickly packed everything into boxes and shipped them to Florida. This was a stark change from the standard preparations made by GSA and National Archives and Records Administration ("NARA") for prior administrations. As NARA acknowledged in a Press Statement it issued on October 11, 2022:
The National Archives and Records Administration ("NARA"), in accordance with the Presidential Records Act, assumed physical and legal custody of the Presidential records from the administrations of Barack Obama, George W. Bush, Bill Clinton, George H.W. Bush, and Ronald Reagan, when those Presidents left office. NARA securely moved these records to temporary facilities that NARA leased from the General Services Administration ("GSA"), near the locations of future Presidential Libraries that former Presidents built for NARA. All such temporary facilities met strict archival and security standards, and have been managed and staffed exclusively by NARA employees.
NARA unfortunately has become overtly political and declined to provide archival assistance to President Trump's transition team . . . [bold highlights are my emphasis].
[NARA] did not take custody of the documents and this made necessary the transfer of boxes of documents to President Trump's heavily secured home at Mar-a-Lago. To be clear, had NARA offered President Trump the same assistance that it had provided to all previous Presidents, he would have accepted the offer and there would have been no reason to transfer the documents to Mar-a-Lago.
- - -
Parlatore Law Group is not currently (June 10, 2023) representing President Trump in these matters.
The original post (OP), is a long excerpt. There is more to the Presidential Records Act.
Was there prosecution when Bill Clinton had compromising documents removed by Sandy Berger?
§ 2001.30 Automatic declassification.
§ 2001.31 Systematic declassification review.
§ 2001.32 Declassification guides.
§ 2001.33 Mandatory review for declassification.
§ 2001.35 Discretionary declassification.
§ 2001.36 Classified information in the custody of private organizations or individuals.
Notable Thefts From The National Archives
https://www.archives.gov/research/recover/notable-thefts.html
Sandy Berger-2003
Fifty-eight year old Sandy Berger, the former National Security Adviser under the Clinton Administration, illegally took classified documents from the National Archives on more than one occasion. During his visits to the Archives, it was determined that Berger folded the documents in his clothes, walked out of the National Archives building in Washington, D.C., and placed them under a nearby construction trailer for retrieval later on. Two years later Berger was sentenced to 100 hours of community service and probation and fined $50,000. He also also had to pay $6,905 for the administrative costs of his two-year probation. Berger also lost his security clearance and license to practice law.
Trump Charged Over Willful Retention of Classified Information, Obstruction
https://www.wsj.com/articles/trump-associate-also-indicted-in-mar-a-lago-documents-case-759cbb17
"Federal prosecutors on Friday unsealed a sweeping 49-page indictment against Donald Trump alleging the former president held on to sensitive military secrets he knew he shouldn't have retained access to . . ."- Wall St. Journal article by Aruna Viswanatha and others
Federal Indictment of Donald Trump Unsealed in Classified Documents Probe
[National Review article by Ryan Mills and Caroline Downey; EXCERPT:]
The indictment includes evidence - including an interview transcript - that Trump knew he had possession of “secret” and “highly confidential” documents that he had not declassified.
Trump’s aide, Waltine Nauta, is also facing six charges for assisting Trump in the alleged scheme to move and conceal the classified documents, according to the indictment.
Among the materials that Trump had in dozens of boxes at his Mar-a-Lago residence were documents about the defense and weapons capabilities of both the United States and foreign countries, U.S. nuclear programs, potential vulnerabilities of the U.S. and its allies, and plans for a possible retaliation in case of a foreign attack, according to the indictment.
"Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President's term and in his sole discretion"
"Since the President is completely entrusted with the management and even the disposal of Presidential records during his time in office, it would be difficult for this Court to conclude that Congress intended that he would have less authority to do what he pleases with what he considers to be his personal records"
Jackson also concluded that a decision to challenge a president's decision lies solely with the National Archives and can't be reviewed by a court. If the Archives wants to challenge a decision, that agency and the attorney general can initiate an enforcement mechanism under the law, but it is a civil procedure and has no criminal penalty, she noted.
No intent. No concealing.
Everything Trump did, contradicts their frame up.
From the beginning the boxes could be easily seen-known leaving the White House. And then to Fla. No where else.
No willful intention to hide anything.
Boxes have to go somewhere. From the pics don’t see anything hidden.
Nothing hidden in the walls.
Why would someone talk about something at a resort they were trying to hide?
A judge ruled Clinton had the right to keep classified documents in his sock drawer
Somebody mentioned that earlier on Friday; thanks for posting the details, here.
BTTT
He’s being charged under the Espionage Act, not the Presidential Records Act.
Page 3 of 49
a. In July 2021, at Trump National Golf Club in Bedminster,New Jersey ("The Bedminster Club"), during audio-recorded meeting with a writer, a publisher, and two members of his staff, none of whom possessed a security clearance, TRUMP showed and described a "plan of attack" that TRUMP said was prepared for him by the Department of Defense and a senior military official. TRUMP told the individuals that the plan was "highly confidential" and "secret." TRUMP also said, "as president I could have declassified it," and, "Now I can't, you know, but this is still a secret."
The government seems to be certain that it has the necessary witnesses for event "a." above.
But the government seems uncertain about the date of the event "b." in the following, plus the lack of clarity for "the representative":
b. In August or September 2021, at The Bedminster Club, TRUMP showed a representative of his political action committee who did not possess a security clearance a classified map related to a military operation and told the representative that he should not be showing it to the representative and that the representative should not get too close.
- - -
From the indictment:
Page 27 of 49
74. On August 8, 2022, the FBI executed a court-authorized search warrant at The Mar-a-Lago Club. The search warrent authorized the FBI to search for and seize, among other things, all documents with classification markings.
75. During the execution of the warrant at The Mar-a-Lago Club, the FBI seized 102 documents with classification markings in TRUMP's office and the Storage Room, as follows:
| Location | Number of Documents | Classification Markings |
| TRUMP's Office | 27 | Top Secret (6) Secret (18) Confidential (3) |
| Storage Room | 75 | Top Secret (11) Secret (36) Confidential (28) |
Similar to prosecutor Smith, you are ignoring what's in the PRA.
Part 1312—Classification, Downgrading, Declassification and Safeguarding of National Security Information
https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1312
Subpart A—Classification and Declassification of National Security Information
§ 1312.1 Purpose and authority.
§ 1312.3 Classification requirements.
§ 1312.4 Classified designations.
§ 1312.5 Authority to classify.
§ 1312.6 Duration of classification.
§ 1312.7 Derivative classification.
Notwithstanding any restrictions on access imposed pursuant to sections 2204 and 2208--
(1) the Archivist and persons employed by the National Archives and Records Administration who are engaged in the performance of normal archival work shall be permitted access to Presidential records in the custody of the Archivist;
(2) subject to any rights, defenses, or privileges which the United States or any agency or person may invoke, Presidential records shall be made available--
(A) pursuant to subpoena or other judicial process issued by a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding;
(B) to an incumbent President if such records contain information that is needed for the conduct of current business of the incumbent President’s office and that is not otherwise available; and
(C) to either House of Congress, or, to the extent of matter within its jurisdiction, to any committee or subcommittee thereof if such records contain information that is needed for the conduct of its business and that is not otherwise available; and
(3) the Presidential records of a former President shall be available to such former President or the former President’s designated representative.
The records are available to the previous president, but they belong to and are in the care, custody and control of NARA. Nothing in the PRA specifies the former president must be able to retain possession of Presidential Records, only of his personal records.
§ 2204. Restrictions on access to Presidential records
[EXCERPTS]
(b)(1) Any Presidential record or reasonably segregable portion thereof containing information within a category restricted by the President under subsection (a) shall be so designated by the Archivist and access thereto shall be restricted until the earlier of--
(A)(i) the date on which the former President waives the restriction on disclosure of such record, or
(A)(ii) the expiration of the duration specified under subsection (a) for the category of information on the basis of which access to such record has been restricted; or
(B) upon a determination by the Archivist that such record or reasonably segregable portion thereof, or of any significant element or aspect of the information contained in such record or reasonably segregable portion thereof, has been placed in the public domain through publication by the former President, or the President’s agents.
(b)(2) Any such record which does not contain information within a category restricted by the President under subsection (a), or contains information within such a category for which the duration of restricted access has expired, shall be exempt from the provisions of subsection (c) until the earlier of--
(A) the date which is 5 years after the date on which the Archivist obtains custody of such record pursuant to section 2203(d)(1) [sic: should reference 2203(g)(1)]; or
(B) the date on which the Archivist completes the processing and organization of such records or integral file segment thereof.
(b)(3) During the period of restricted access specified pursuant to subsection (b)(1), the determination whether access to a Presidential record or reasonably segregable portion thereof shall be restricted shall be made by the Archivist, in his discretion, after consultation with the former President, and, during such period, such determinations shall not be subject to judicial review, except as provided in subsection (e) of this section...
(c)(1) Subject to the limitations on access imposed pursuant to subsections (a) and (b), Presidential records shall be administered in accordance with section 552 of title 5, United States Code [Freedom of Information Act (FOIA)], except that paragraph (b)(5) of that section shall not be available for purposes of withholding any Presidential record, and for the purposes of such section such records shall be deemed to be records of the National Archives and Records Administration. Access to such records shall be granted on nondiscriminatory terms.
(c)(2) Nothing in this Act shall be construed to confirm, limit, or expand any constitutionally-based privilege which may be available to an incumbent or former President.
(e) The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or privileges.
(f) The Archivist shall not make available any original Presidential records to any individual claiming access to any Presidential record as a designated representative under section 2205(3) of this title if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.
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