What other presidents held top secret shit in their homes? I'm sure you are lying
The National Archives recovered 15 boxes of materials from former President Donald Trumpās time in office. Tom Fitton, president of Judicial Watch, claimed that the law allowed Trump to ātake documents when he left the White House.ā But a former president isnāt allowed to take possession of official records, which Trump has said these are.
Yea, and no one said lock him up when Trump used his private email to do official business either.
But experts say your claim is, at best, very misleading, bordering on false.
Hereās why:
The
Presidential Records Act, or PRA, governs the maintenance of presidential records. It was passed in 1978, after former President Richard Nixon sought to destroy recordings made in the White House that documented activities related to the Watergate scandal, David S. Ferriero, archivist of the United States who is in charge of NARA, explained in a
2017 publication for the National Archives.
When a president leaves office, the archivist takes custody of the records from that administration and is responsible for their preservation and for providing access to the public, according to a Congressional Research Service
report.
āThe Presidential Records Act requires that all records created by presidents be turned over to the National Archives at the end of their administrations,ā NARA said in its Jan. 31
statement.
Jason R. Baron, a professor at the University of Maryland and former director of litigation at NARA, cited the PRA when we asked him to evaluate Fittonās claim. The PRA was āenacted to ensure that the American people ā not the president ā own records created or received by a president when in office,ā he told us by email.
āA president has no legal right to tear up, shred, or otherwise dispose of copies of records that he creates or receives while in office (including his own notes or annotations on documents concerning official business),ā Baron said.
He noted that the
PRA allows a sitting president to dispose of official records only after consulting with the archivist.
Baron also said that a president doesnāt have āthe right to decide for himself that he will take boxes containing presidential records to his own residence after he leaves office, even if it is allegedly for the purpose of transferring them to a presidential library.ā
āThe PRA specifies that upon the conclusion of a presidentās time in office, the Archivist assumes legal control of presidential records, and the Archivist alone is
empowered to decide where those records will be housed,ā Baron said.
Kel McClanahan, a professor at the George Washington University Law School and executive director of the public interest law firm National Security Counselors, had a similar but slightly different take.
He honed in on an issue that was also noted in the
CRS report, which cited Ferrieroās 2017
article. The report explained that the PRA allows for personal records to be classified separately from official presidential records and that āthe President has a high degree of discretion over what materials are to be preserved under the PRA.ā
So, McClanahan said, Fitton technically has a point when saying, āA president has discretion on what docs to retain as presidential records while in office.ā
But, in this case, thatās a moot point, since both NARA and Trump have referred to the recently recovered material as official presidential records.
Trump issued a
statement on Feb. 10 saying that some of the materials would eventually be displayed in his presidential library. āIt was a great honor to work with NARA to help formally preserve the Trump Legacy,ā the statement said.
So, given Trumpās acknowledgement that the materials were designated as presidential records under the PRA, it would appear to be a violation to leave office with them.
āBottom line,ā McClanahan said, āif Trump believed these were presidential records, he couldnāt freely take them with him as Fitton said. And if he didnāt believe they were presidential records, then they wouldnāt go in his Presidential Library as Trump claimed. So either Fitton or Trump can be speaking truthfully, but not both.ā
McClanahan also noted that Fitton wasnāt specific about which law he was talking about. The destruction of presidential records could be a violation of two other
federal laws that protect records and other government property, he said.
We reached out to Judicial Watch for clarification, but we didnāt hear back.
The
Washington Post, which was the first news outlet to report on the boxes recovered from Mar-a-Lago,
noted that all recent presidential administrations have had some PRA violations, although most have involved the use of unofficial email accounts and phones.
In a
statement addressing the current situation, Ferriero said, āNARA pursues the return of records whenever we learn that records have been improperly removed or have not been appropriately transferred to official accounts.ā
NARA had worked with representatives for Trump over the course of 2021 to find records that hadnāt been transferred, according to a
statement from the administration. In December, one of those representatives identified the recently recovered boxes and āNARA arranged for them to be securely transported to Washington,ā the statement says.