The Presidential Records Act, Part II. Correct me if I'm wrong...

[Septua]

The Presidential Records Act has nothing to do with Classified documents...a minor detail I previously overlooked.

https://uscode.house.gov/view.xhtml?path=/prelim@title44/chapter22&edition=prelim

(2) The term "Presidential records" means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President's immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term—

(A) includes any documentary materials relating to the political activities of the President or members of the President's staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but

B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) 1 of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.

Classified Information is not a Presidential Record. Some other agency determines the need for classifying information, obviously. Trump could argue Presidential vs personal documents but he had nor has, no ownership rights to the classified stuff.

[LetMyPeopleVote]

1. National Archives issues press release debunking all of TFG's claims about Presidential Records Act

This press release was released after the indictment and makes clear that all of TFG's claims about complying with the Presidential Records Act are false

Link to tweet

https://www.archives.gov/press/press-releases/2022/nr22-001#June-9-2023-statement

June 9, 2023, statement
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. Please note that the PRA treats the records of the President and those of the Vice President in almost the same manner such that, in most cases below, President and Vice President can be used interchangeably.


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). The PRA makes the legal status of Presidential records clear and unambiguous, providing that the United States reserves and retains “complete ownership, possession, and control of Presidential records.” 44 U.S.C. 2202. There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports. If a former President or Vice President finds Presidential records among personal materials, he or she is expected to contact NARA in a timely manner to secure the transfer of those Presidential records to NARA. ...

How are documents in the White House determined to be an official Presidential record or a personal record?

The Presidential Records Act (PRA) defines what constitutes “Presidential records” and what are “personal records.” 44 U.S.C. 2201. Personal records include “diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business.”

The PRA also requires that all documentary materials “be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.” 44 U.S.C. 2203(b). The President does not have discretion to categorize a Presidential record as a personal record. ....

What are “Presidential records” under the Presidential Records Act (PRA)?

"’Presidential records’ means documentary materials created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.”

[Septua]

2. I forgot seeing that, as well...

..as not fully reading the PRA the first time. But as you know, Trump gets in front of a camera or microphone and says "I have every right to_______(fill in the blank)", the quotes the Presidential Records Act like it's pertinent to what he says.

He probably hasn't even read the damn thing...

[Wounded Bear]

3. trump doesn't read...

especially anything longer than a couple of hundred characters. So a good bet he hasn't read the statute.

[LetMyPeopleVote]

4. This press release from the National Archives is helpful

This press release was released after the indictment and makes clear that all of TFG's claims about complying with the Presidential Records Act are false

Link to tweet

https://www.archives.gov/press/press-releases/2022/nr22-001#June-9-2023-statement

June 9, 2023, statement
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. Please note that the PRA treats the records of the President and those of the Vice President in almost the same manner such that, in most cases below, President and Vice President can be used interchangeably.


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). The PRA makes the legal status of Presidential records clear and unambiguous, providing that the United States reserves and retains “complete ownership, possession, and control of Presidential records.” 44 U.S.C. 2202. There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports. If a former President or Vice President finds Presidential records among personal materials, he or she is expected to contact NARA in a timely manner to secure the transfer of those Presidential records to NARA. ...

How are documents in the White House determined to be an official Presidential record or a personal record?

The Presidential Records Act (PRA) defines what constitutes “Presidential records” and what are “personal records.” 44 U.S.C. 2201. Personal records include “diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business.”

The PRA also requires that all documentary materials “be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.” 44 U.S.C. 2203(b). The President does not have discretion to categorize a Presidential record as a personal record. ....

What are “Presidential records” under the Presidential Records Act (PRA)?

"’Presidential records’ means documentary materials created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.”