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#presidentialrecordsact — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #presidentialrecordsact, aggregated by home.social.

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  1. The next day, White House counsel David Alan Warrington issued recordkeeping guidance to White House staff members in a memo & acknowledged that he had asked the #DOJ to review the constitutionality of the #PresidentialRecordsAct. Warrington’s memo said that, according to the opinion, White House offices were “free to” — but not required to — “retain the records retention policies developed under the [Presidential Records Act].”

    #Trump #law #transparency #accountability #PRA

  2. But on April 1, the #DOJ’s Office of Legal Counsel published an opinion arguing that, in passing the #law, #Congress overstepped its authority to regulate the #ExecutiveBranch. Therefore, it contended, “the #PRA is unconstitutional, & the President need not further comply with its dictates.”
    
#law #transparency #accountability #PresidentialRecordsAct #SeparationOfPowers

  3. While Trump’s physical library is just a “concept”, Trump’s actual papers from his first admin — the vast majority of which are digital — are now subject to #FOIA requests. The #PresidentialRecordsAct requires records not exempt from disclosure to be made public 5 years after a president leaves office. This includes records that are not classified as secret, those for which there is no attorney-client privilege & those that are not purely personal.

    #Trump #law #transparency #accountability #PRA

  4. #NARA typically preserves such records through the libraries established by former presidents. On March 31, #Trump told reporters in the Oval Office that his presidential library would be in the “best location in Miami” & that it would also be, “most likely, a hotel, with a beautiful building underneath & a 747 Air Force One in the lobby.” [what?]

    #law #transparency #accountability #PresidentialRecordsAct #PRA

  5. The #PresidentialRecordsAct became #law in 1978 in response to Richard M. Nixon’s attempts to destroy records about his presidency after he resigned from office. The law codified that presidential communications belong to the American people once a president leaves office, & imposed requirements for preservation & access.

    #Trump #transparency #accountability #PRA

  6. #NARA published a notice of intent on Jan 14, 2021, to contract with ArchiveSocial, a software company, to “capture & manage [#PresidentialRecordsAct] social media accounts.”
    
But David Ferriero, then the archivist of the US, in a February 18, 2022, letter to members of the #House Cmte on #Oversight & Reform wrote that the #Trump admin had “opted not to enable capture of direct messages” with the software.

    #law #transparency #accountability #PRA

  7. The act requires departing presidents to turn over all records “which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President” to NARA. This includes direct messages sent via any type of software or application.

    Plans were made in the waning days of the first #Trump admin to preserve Trump’s social media activity.

    #law #transparency #accountability #PresidentialRecordsAct #PRA

  8. …Despite evidence that the president did use the messaging feature, the library, a division of the National Archives & Records Administration [#NARA], told The Post that “[w]e have been unable to locate any records related to” any direct message, or DM, sent by #Trump during his first term as president.

    If Trump did send #DMs & did not preserve them, he may have violated the #PresidentialRecordsAct as it has been understood for decades.

    #law

  9. The newly “operational” Trump Presidential “Library”, the entity responsible for preserving records from the White House, says that it cannot find a single Twitter direct message sent by #Trump who tweeted >25,000 times during his first admin.
    
This no-records response to a #FOIA request from WaPo comes as the Trump admin argues it does not need to follow the #PresidentialRecordsAct, a #law designed to ensure the public has access to records of the president after he leaves office.

  10. #Trump “library” says no Twitter #DMs can be found, despite evidence he sent them


    Records show that Trump's first admin opted not to save DMs in its library archives, raising questions about compliance with the #PresidentialRecordsAct.

    #law #transparency #accountability
    washingtonpost.com/investigati

  11. That could block #public #access to more than 700 million White House emails, among countless other records, in Archives possession since the #law went into effect in 1978, Baron said.

    …The impact of the #DOJ opinion could be felt quickly by #historians, #scholars & #journalists who regularly access presidential records & make requests for their release.

    #Trump #PresidentialRecordsAct #accountability #transparency #corruption #CriminalState #MafiaState #kleptocracy

  12. The #Trump admin’s abrupt declaration that the federal #law governing presidential records for the past 48 yrs is #unconstitutional is creating confusion about access to records of past presidencies, including documents that are on the verge of public release.

    The memo from the #DOJ Office of Legal Counsel, which challenges the #PresidentialRecordsAct, is intended to give #Trump the legal leeway to #destroy White House #records from his current term.

    #accountability #corruption #criminal

  13. #DOJ Wants to Scrap Watergate-Era Rule That Makes Presidential Records Public
    In a sweeping new memorandum from the Office of Legal Counsel, the DOJ claims the #PresidentialRecordsAct is unconstitutional. The department’s edict, which is already facing legal challenges, argues that a president’s records are private, rather than public, property. This is an extreme reinterpretation of executive power that seeks to undo nearly 50 years of transparency.
    theintercept.com/2026/04/09/tr

  14. The American Historical Association has filed a lawsuit challenging a recent Department of Justice memorandum declaring the Presidential Records Act unconstitutional. The memo threatens transparency and record-keeping throughout the executive branch, including the National Archives.

    This case is about whether the American people can access and learn from the records that document our nation’s history.

    @histodons
    #AmericanHistory
    #PresidentialRecordsAct
    #AmericanHistoricalAssociation

    historians.org/news/aha-files-

  15. The Guardian | Two Trump moves last week could kill off future accountability for his deeds | Jan-Werner Müller by Jan-Werner Müller

    The Trump ‘library’ and an attack on the Presidential Records Act have more in common than it might seem

    Last week, the Trump administration proudly published two pieces of news which, at first sight, could not be more different: one a dry 52-page legal opinion from the justice department declaring the 1978 Presidential Records Act unconstitutional; the other an AI-generated clip of Trump’s planned “presidential library”, a waterfront skyscraper in Miami. Both sent the same message, though: the legal opinion – authored by a jurist heavily involved in attempts to overturn the 2020 election – leaves Trump free to destroy evidence of wrongdoing; the building envisaged for Biscayne Bay appears to be less of a library than a hotel complex. As the president reassured anyone suspecting that he might fill a glitzy edifice with boring papers and books: “I don’t believe in building libraries or museums.” These are clear signals about wanting to avoid accountability; it is not too early to devise strategies to counter politically motivated amnesia.

    In what jurists widely saw as an opinion of breathtakingly bad faith, T Elliot Gaiser, the Ohio-based election denier and a former clerk of Samuel Alito, asserted that Congress had no right to ask the president to preserve records; the imperative to create and keep documents served “no legislative purpose” and could “impede” the day-to-day “performance” of the head of the executive. The act had been crafted in the wake of the misdeeds of Richard Nixon, who had wanted discretion over which of his tapes and papers to destroy; in response, Congress first passed the Presidential Recordings and Materials Preservation Act in 1974, making the government take custody of Nixon’s materials. Nixon sued; the supreme court rejected the view that the separation of powers had been violated; the justices also took the occasion to affirm the importance of “the American people’s ability to reconstruct and come to terms with their history”. Congress then passed the more general Presidential Records Act, which no one up until Trump appeared to have experienced as remotely burdensome.

    Continue reading...

    Read more: theguardian.com/commentisfree/

    #donaldtrump #uspolitics #presidentialrecordsact #justicedepartment #2020election

  16. The #PresidentialRecordsAct 1978 requires presidential documents be sent to the #NationalArchivesandRecordsAdministration. In an opinion released Thursday the DOJ’s #OfficeofLegalCounsel found the law “is unconstitutional for two independent but interlocking reasons” www.nbcnews.com/politics/jus...

    Trump doesn't have to turn ove...

  17. @meidastouch.com host @[email protected] reports on the new AG #ToddBlanche and the #DOJ claiming the #PresidentialRecordsAct is unconstitutional as a way to hide Trump’s text message and emails at the same time Trump fired former AG #PamBondi to cover up his dark past. youtu.be/pR-nm3MZTlQ?...

    Trump’s DARK PAST SURFACES as ...

  18. LEGAL SHIFT UNDERCUTS DOCUMENT RETURN

    A new Justice Department opinion claims the Presidential Records Act is unconstitutional. This affects how former presidents handle official documents.

    #PresidentialRecordsAct, #DOJOpinion, #TrumpDocuments, #LegalNews, #GovernmentLaw

    newsletter.tf/doj-opinion-pres

  19. 👀 It is only through the #luck of the draw that #trump would see his #classifieddocuments case fall before #JudgeCannon. Yet that has opened her up to an entirely different set of #criticisms. That includes her frankly #bizarredecision to have the #defense spend time on #jury instructions and arguments regarding the #PresidentialRecordsAct rather than deal with the more pressing issues on her plate.

    msnbc.com/opinion/msnbc-opinio

  20. It should also be noted that the #PresidentialRecordsAct (PRA) is a #CIVIL #law.

    The PRA is from Title 44 of the #UnitedStates Code (USC) which has to do w/the role of public printing & #documents.

    The #PRA is Chpt 22 of 44 USC & has 9 sections: §2201-2209
    law.cornell.edu/uscode/text/44

  21. #judgecannon has ruled against trump’s lawyers’ bid to dismiss the case based on the #presidentialrecordsact.

    She has also ruled against Jack Smith’s bid to have her drop her unbelievable jury instructions.

    #JackSmith is expected to go to the 11th circuit, so stick around for an update on that.

    amp.cnn.com/cnn/2024/04/04/pol

  22. #Trump in court for hearing on #ClassifiedDocuments charges

    Trump lawyers tried to convince federal Judge #AileenCannon to throw out the charges against him.
    
Judge Cannon heard from prosecutors & defense lawyers about Trump’s [BS] claim that he is protected from prosecution by the #PresidentialRecordsAct.
    
#NationalSecurity #law experts say Trump’s arguments about the records act misstate the law.

    washingtonpost.com/national-se

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