Thanks for the clarification on security clearances. I know elected officials are granted access to classified data based not on the clearance process, but on the mere fact that they were elected and have a need to access the data. I also know that all elected federal officials besides the president and vote are still restricted in what they can see by “need to know”. So your explanation makes sense.
Also, Wikipedia re: PRA. If there’s anything wrong there, please let me know - it’s in the common vernacular, so it’s easier for me to read and understand. I don’t know anything about this so I’d like some discussion.
It looks like #6 might be a problem for President Trump. Also, #10 makes being able to be president while in prison something of a problem/contradiction.
“Specifically, the Presidential Records Act:
1.Defines and states public ownership of the records.
2. Places the responsibility for the custody and management of incumbent presidential records with the President.
3. Allows the incumbent president to dispose of records that no longer have administrative, historical, informational, or evidentiary value, once he or she has obtained the views of the Archivist of the United States on the proposed disposal in writing. [7]
4. Establishes a process for restriction and public access to these records. Specifically, the PRA allows for public access to presidential records through the Freedom of Information Act (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years. The PRA also establishes procedures for Congress, courts, and subsequent administrations to obtain special access to records that remain closed to the public, following a 30‑day notice period to the former and current Presidents.
5.Requires that Vice-Presidential records are to be treated in the same way as presidential records.
6. Establishes that Presidential records automatically transfer into the legal custody of the Archivist as soon as the President leaves office. [7]
7. Establishes procedures for Congress, courts, and subsequent Administrations to obtain “special access” to records from NARA that remain closed to the public, following a privilege review period by the former and incumbent Presidents; the procedures governing such special access requests continue to be governed by the relevant provisions of E.O. 13489
8. Establishes preservation requirements for official business conducted using non-official electronic messaging accounts: any individual creating Presidential records must not use non-official electronic messaging accounts unless that individual copies an official account as the message is created or forwards a complete copy of the record to an official messaging account. (A similar provision in the Federal Records Act applies to federal agencies.)
9. Requires that the President and his staff take all practical steps to file personal records separately from Presidential records.
10. Prevents an individual who has been convicted of a crime related to the review, retention, removal, or destruction of records from being given access to any original records.”