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Let's just have a look at the PRA [1]

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Date: 2022-09-11

The FPOTUS and now his lawyers in their filing regarding the appointment of a special master, refer to the PRA (Presidential Records Act) as if it provides justification for removing presidential records from government custody. As you might have suspected, it does not.

Are they misreading the PRA? Willfully misreading it? Reading it at all?

It made me want to have a look at the act itself.

Here are some relevant sections of the PRA (emphases mine):

Section 220(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.

(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.

PRA clearly states that the Archivist of the United States, acting on behalf of the government, and in consultation with an FPOTUS, is responsible for ensuring presidential papers are maintained and preserved in a facility owned by the government. No authority given here for an FPOTUS to take direct custody of any presidential records.

Section 2204(a)

Prior to the conclusion of a President’s term of office or last consecutive term of office, as the case may be, the President shall specify durations, not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record, within one or more of the following categories: [...]

(5)confidential communications requesting or submitting advice, between the President and the President’s advisers, or between such advisers; or

(6)personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

These provisions protect privacy of and access to presidential records containing executive privileged material or private medical information maintained and preserved in government operated archival facilities. (The FPOTUS doesn’t need to have custody of the records to protect them.)

Section 2204(e)

The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or privileges.

Would some of you lawyers please chime in with why the DOJ has not cited Section 2204(e) to move this matter to the correct jurisdiction?

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[1] Url: https://www.dailykos.com/stories/2022/9/11/2122221/-Let-s-just-have-a-look-at-the-PRA

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