Interesting detail, thanks. I am no fan of McCarthy, and routinely discount his analysis after reviewing it, or listening to others. The issue I have is how it appears Trump and his surrogates such as Kash Patel appear to be making false claims that the PRA allows the President to determine what is Presidential (retained by gov) and what is Personal. That may be what a liberal civil circuit court judge ruled in favor of Bill Clinton, in a ruling that is considered non-precedent in nature, but that is not what the law and definitions within the law appear to set forth. I find these claims insulting to those who have actually reviewed the law, and damaging to Trump’s claim that he and his supporters are being honest and informed about the situation in general.
§ 2203. Management and custody of Presidential records
(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.
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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).