- 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.