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.
I think most would still say there was much reason to conduct an FBI Raid other to provide headlines and pretext for continued Democrat Lawfare.
Correct, and any disputes are a civil, not criminal, matter. That’s why I think Trump will prevail on the Espionage Act charges. The obstruction and false statements charges will be harder to deal with. If you read the narrative of what the DoJ says happened (not claiming it is true), they allege that Trump and his people took multiple steps to hide documents from a subpoena and falsely certified that all of the documents to the subpoena had been provided. IF true, the Watergate-era truism comes to mind - it’s not the crime (or non-crime), it’s the coverup that gets you.
Thanks! Yes, I remember the era of Rosemary and the 16 minute gap!
Having not read the subpoena or perhaps only parts of if, I suppose that they will have to question the entire basis (Predicate) for raiding a past President an whether there should have been a subpoena or whether those document were classified or not and unequal treatment / political interference by the Justice Department. This is entirely disgusting. (Considering all the things taken by politicians leaving office that were negotiated back at a later time...White House silver and China placements...e.g.)
(a) General. All departments and agencies that have original classification authority or previously had original classification authority, or maintain records determined to be permanently valuable that contain classified national security information, shall comply with the automatic declassification provisions of the Order. All agencies with original classification authority shall cooperate with NARA in managing automatic declassification of accessioned Federal records, presidential papers and records, and donated historical materials under the control of the Archivist.
(b) Presidential papers, materials, and records. The Archivist shall establish procedures for the declassification of presidential, vice-presidential, or White House materials transferred to the legal custody of NARA or maintained in the presidential libraries.
(i) Foreign government information. The declassifying agency is the agency that initially received or classified the information. When foreign government information appears to be subject to automatic declassification, the declassifying agency shall determine whether the information is subject to a treaty or international agreement that does not permit automatic or unilateral declassification. The declassifying agency shall also determine if another exemption under section 3.3(b) of the Order, such as the exemption that pertains to United States foreign relations, may apply to the information. If the declassifying agency believes such an exemption may apply, it should consult with any other concerned agencies in making its declassification determination. The declassifying agency or the Department of State, as appropriate, may consult with the foreign government prior to declassification.
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Title 32, Subtitle B, Chapter XX, Part 2001, Subpart E: Safeguarding
https://www.ecfr.gov/current/title-32/subtitle-B/chapter-XX/part-2001/subpart-E
(a) Classified information, regardless of its form, shall be afforded a level of protection against loss or unauthorized disclosure commensurate with its level of classification.
Authorized persons who have access to classified information are responsible for:
(a) Protecting it from persons without authorized access to that information, to include securing it in approved equipment or facilities whenever it is not under the direct control of an authorized person;
(b) Meeting safeguarding requirements prescribed by the agency head; and
(c) Ensuring that classified information is not communicated over unsecured voice or data circuits, in public conveyances or places, or in any other manner that permits interception by unauthorized persons.
(a) Except as provided by the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2011) or the National Security Act of 1947, as amended, (50 U.S.C. 401) Executive Order 12958 provides the only basis for classifying information. Information which meets the test for classification may be classified in one of the following three designations:
(a)(1) Top Secret. This classification shall be applied only to information the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.
(a)(2) Secret. This classification shall be applied only to information the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.
(a)(3) Confidential. This classification shall be applied only to information the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe.
If there is significant doubt about the need to classify information, it shall not be classified. If there is significant doubt about the appropriate level of classification, it shall be classified at the lower level.
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(a) Original classification. At the time classified material is produced, the classifier shall apply the following markings on the face of each originally classified document, including electronic media:
(a)(1) Classification authority. The name/personal identifier, and position title of the original classifier shall appear on the "Classified By" line.
(a)(2) Agency and office of origin. If not otherwise evident, the agency and office of origin shall be identified and placed below the name on the "Classified By" line.
(a)(3) Reasons for classification. Identify the reason(s) to classify. The classifier shall include, at a minimum, a brief reference to the pertinent classification category(ies), or the number 1.5 plus the letter(s) that corresponds to that classification category in Section 1.5 of the Executive Order.
(a)(4) Declassification instructions. These instructions shall indicate the following:
(a)(4)(i) The duration of the original classification decision shall be placed on the "Declassify On" line.
(a)(4)(ii) The date or event for declassification that corresponds to the lapse of the information's national security sensitivity, which may not exceed 10 years from the date of the original decision.
(a)(4)(iii) When a specific date or event within 10 years cannot be established, the classifier will apply the date that is 10 years from the date of the original decision.
(a)(4)(iv) The exemption category from declassification. Upon determination that the information must remain classified beyond 10 years, the classifier will apply the letter "X" plus a brief recitation of the exemption category(ies), or the letter "X" plus the number that corresponds to the exemption category(ies) in Section 1.6(d) of the Executive Order.
(a)(4)(v) An original classification authority may extend the duration of classification for successive periods not to exceed 10 years at a time. The "Declassify On" line shall be revised to include the new declassification instructions and shall include the identity of the person authorizing the extension and the date of the action.
(a)(4)(vi) Information exempted from automatic declassification at 25 years should on the "Declassify On" line be revised to include the symbol "25X" plus a brief reference to the pertinent exemption categories/numbers of the Executive Order.
(a)(5) The overall classification of the document is the highest level of information in the document and will be conspicuously placed stamped at the top and bottom of the outside front and back cover, on the title page, and on the first page.
(a)(6) The highest classification of individual pages will be stamped at the top and bottom of each page, to include "unclassified" when it is applicable.
(a)(7) The classification of individual portions of the document, (ordinarily a paragraph, but including subjects, titles, graphics) shall be marked by using the abbreviations (TS), (S), (C), or (U), will be typed or marked at the beginning or end of each paragraph or section of the document. If all portions of the document are classified at the same level, this may be indicated by a statement to that effect.
- by Susan Ferrechio, The Washington Times, Monday, August 22, 2022
EXCERPT:
A 2012 court case denying access to White House audiotapes kept in former President Bill Clinton’s sock drawer after he left office could help the Trump legal team in its battle to retrieve records that the FBI seized from Mar-a-Lago this month.
The 10-year-old court ruling, issued by U.S. District Court Judge Amy Berman Jackson, rejected arguments by a conservative watchdog group [Judicial Watch] that sought access to dozens of tapes recorded by Mr. Clinton and historian Taylor Branch during his administration.
Judge Jackson ruled that the tapes belonged to Mr. Clinton, even though the discussions included a broad range of presidential matters. The court ruled that the National Archives and Records Administration had no power to “seize control of them” because Mr. Clinton had used his authority under the Presidential Records Act to declare the recordings part of his personal records.
National Archives Records Administration (NARA)
Press Statements in Response to Media Queries About Presidential Records - June 9, 2023 Statement
EXCERPTS:
Recent media reports have generated a large number of queries about Presidential records and the Presidential Records Act (PRA), 44 U.S.C. 2201-2209. The PRA requires that all records created by Presidents (and Vice-Presidents) be turned over to the National Archives and Records Administration (NARA) at the end of their administrations. Below is additional information about how NARA carries out its responsibilities under the PRA.
How much time do outgoing Presidents have to go through their papers to determine what to retain as personal documents?
The Presidential Records Act (PRA) requires the President to separate personal documents from Presidential records before leaving office. 44 U.S.C. 2203(b).
The PRA makes clear that, upon the conclusion of the President’s term in office, NARA assumes responsibility for the custody, control, preservation of, and access to the records of a President. 44 U.S.C. 2203(g)(1).
The PRA makes the legal status of Presidential records clear and unambiguous, providing that the United States reserves and retains “complete ownership, possession, and control of Presidential records.” 44 U.S.C. 2202.
There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports.
If a former President or Vice President finds Presidential records among personal materials, he or she is expected to contact NARA in a timely manner to secure the transfer of those Presidential records to NARA.
- by Susan Ferrechio, The Washington Times, Monday, August 22, 2022
MORE EXCERPTS:
Mr. Fitton said the 2012 ruling against Judicial Watch involving the Clinton tapes establishes that the president, not the National Archives, has the authority to declare whether records are personal.
“NARA does not have the authority to designate materials as ‘Presidential records,’” Judge Jackson wrote in 2012. “NARA does not have the tapes in question, and NARA lacks any right, duty, or means to seize control of them.”
The National Archives showed no interest in trying to retrieve the Clinton tapes and got involved only after Judicial Watch sued to get the agency to try to retrieve them.
[From Judge Berman's memorandum opinion, EXCERPTS:]
Defendant has moved to dismiss [Dkt. # 6] under Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) for failure to state a claim upon which relief can be granted.
The Court will grant the motion to dismiss pursuant to Rule 12(b)(1) because plaintiff's claim is not redressable. NARA does not have the authority to designate materials as “Presidential records,” NARA does not have the tapes in question, and NARA lacks any right, duty, or means to seize control of them.
In other words, there has been no showing that a remedy would be available to redress plaintiff's alleged injury even if the Court agreed with plaintiff's characterization of the materials. Since plaintiff is completely unable to identify anything the Court could order the agency to do that the agency has any power, much less, a mandatory duty, to do, the case must be dismissed.
National Archives Records Administration (NARA)
Press Statements in Response to Media Queries About Presidential Records - April 27, 2023 Statement
EXCERPTS:
The April 24, 2023, letter from Timothy Parlatore, John Rowley, James Trusty, and Lindsey Halligan to House Permanent Selection Committee on Intelligence Chairman Mike Turner incorrectly states that the National Archives and Records Administration (NARA) “declined to provide archival assistance to President Trump’s transition team.” In a February 10, 2023, letter to House Committee on Oversight and Accountability Chairman James Comer (which is available online), NARA General Counsel Gary M. Stern clarified a response that he had given during his January 31, 2023, interview with the Committee:
I stated at the interview that it was my recollection that NARA had not provided such assistance. Following the interview, I checked with my colleagues, and I was informed that, in fact, NARA did send staff members to the White House in the final weeks of the Trump Administration to assist with the move of the physical records (including artifacts), in coordination with the DOD team that NARA employed to transport the records from the White House complex to the National Archives.
It is my understanding that this support was logistical in nature and did not involve providing records management guidance. In addition, NARA staff provided on-site transition support to the National Security Council. (The transfer of the electronic records was done by a different process that did not necessitate NARA staff to be onsite.)
Mr. Stern’s letter also described how this assistance was similar to the assistance that NARA had provided to the White House during the three previous Presidential transitions.
The packing of boxes and transfer of records from the White House to NARA at the end of each Administration is always managed and controlled by White House and NSC officials. While NARA routinely provides assistance, the NARA staff work under the direction of the White House.
Espionage act requires sharing information with foreign governments.
Clinton gave away missile guidance systems to China.
Who knows what Biden has given away.
But that is ok, they are democrats.
(g)(2) appears to be one of the strongest arguments Trump can make that he was not treated fairly, as NARA did not setup an office in his hometown, as they had done for previous Presidents, per my understanding. However the current public arguments that he and his team are making, that this law allowed to him or any President to unilaterally determine what was considered “Personal Records” that he could retain, do not seem to match the words of the law.
BINGO AND BUMPING❣
And extra Special attention to last line of, “...challenges are...civil procedure and has no criminal penalty”
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From Judicial Watch v. National Archives and Records Administration (the Bill Clinton audio tape case ) Judge Jackson wrote :
“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.
UNITED STATES OF AMERICA
v.
DONALD J. TRUMP,
Defendant
Case NO. 1:23-cr-00257-TSC
PRESIDENT TRUMP'S CIPA § 5 NOTICE AND OBJECTION TO
UNAUTHORIZED DELETIONS OF CLASSIFIED INFORMATION
On October 26, 2023, President Trump's counsel provided to the Classified Information Security Officer, for submission to the Court and service on counsel, a notice pursuant to CIPA § 5 and an objection to redactions in certain of the classified discovery produced by the Special Counsel's Office.
At the beginning of this month, the Special Counsel's Office argued that "the classified discovery issues" in this case are "limited," "tangential," "narrow," and "incidental" because "the changes . . . do not rely on classified materials." (Doc. 65.at 1). Through the CIPA § 5 Notice, President Trump demonstrates that "the government appears to have looked with tunnel vision at limited issues at believed were relevant." United States v. Sedaghaty, 728 F.3d 885, 906 (9th Cir. 2013). The Office was wrong.
The indictment in this case adopts classified assessments by the Intelligence Community and others that minimized, and at times ignored, efforts by foreign actors to influence and interfere with the 2020 election. President Trump will offer classified information at trial relating to foreign influence activities that impacted the 2016 and 2020 elections, as well as efforts by his administration to combat those activities. President Trump will also present classified information relating to the biased and politicized nature of the intelligence assessments that he and others
[Case 1:23-cr-00257-TSC Document 121 Filed 10/26/23 Page 2 of 3]
rejected during the events in question. Collectively, this evidence will undercut central theories of the prosecution and establish that President Trump acted at all times in good faith and on the believe that he was doing what he had been elected to do.
Dated: October 26, 2023
Respectively submitted,
John F. Lauro, Esq.
Todd Blanche, Esq. (PHV)
EXCERPT:
In a perfect world, anytime the president wanted to declassify something, they [ie. he or she] would:
(1) consult with senior officials from the agencies that originated the information, as well as those with an interest in the information (for instance, the State Department if the information had diplomatic repercussions) and
(2) document the decision in writing so that agencies could properly implement it, including by downgrading and properly marking documents that contained the declassified information. But even then, the president should be free to declassify information by whatever means they [ie. he or she] choose.
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Follow through:
The President appointing a staff to manage departure from the Office of the President and from the White House. That includes, said staff:
a) being on top of arrangements with General Services Administration {"GSA") and National Archives and Records Administration ("NARA"), and
b) having the latest knowledge re what to expect regarding official procedures, and
c) having the know-how, and
d) establishing your own procedures
to follow through. Including, given that Executive powers a privileges end, being sure that what the President declassifed while having Executive powers and privileges, is recorded and marked.
Because the former President will be dealing with bureaucrats whose mission is to be picky at the least, especially when the bureaucrats do not favor said former President. (That, not being news to the former President.)
Newly unsealed court filings on Monday in the Mar-a-Lago classified documents case reveal emails exchanged between officials from:
regarding former President Donald Trump’s presidential records.
- the National Archives and Records Administration (NARA),
- the Biden White House, and
- the Department of Justice (DOJ)
The newly unsealed filings also disclosed that the Federal Bureau of Investigation (FBI) referred to its investigation into President Trump’s presidential records under the code name “[Redacted] Plasmic Echo.”
A key exhibit included with a motion to compel filed in January was an FBI case file labeled “[Redacted] PLASMIC ECHO; Mishandling of Classified or National Defense Information.”
This document, recently released to the public, outlines the findings of the initial review of documents sent by NARA to the FBI on February 24, 2022. The review revealed 106 classified documents spread across 12 out of 15 boxes, totaling 767 pages.
Last year [2023], President Trump entered a not guilty plea to 40 counts concerning the alleged mishandling of classified documents. In January [2024], the defense submitted a motion to compel discovery, along with various sealed exhibits, which included emails containing names and identifying information of government officials.
The defense contends that the newly revealed emails, made public on Monday, show communication between NARA officials, the Biden administration, and the DOJ concerning President Trump’s records.
They claim this suggests coordination aimed at targeting the former president dating back to 2021.
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