- 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.