A Former President Has Unilateral Temporary Custody of His Presidential Records

excalibur

Diamond Member
Mar 19, 2015
19,647
37,745
2,290
This is per 36 CFR § 1270.44


Screen Shot 2023-06-30 at 7.46.31 PM.png





 


You might want to read that again, it doesn't say what you are hoping it does.

The President as the quoted section refers to is the current occupant of the Oval Office which is Joe Biden.

What that text is saying is that when a President turns over records to the Archivist (NARA) at the end of their term before becoming the ex-President, that he can designate records as restricted for additional years. That part is contained in the PRA of 1978 beyond the normal 5 year limit.

So two things.

#1 If the Ex-President is allowed to keep their records, then why would 1270.44 say that those listed (the current President or Congress) have to request the records from the Archivist if the ex-President is the one that actually has the records? That isn't the case. 1270.44 assumes that the ex-President complied with the PRA of 1978 and turned over the Presidential Records as required by the law and that in addition the outgoing President notified the Archivist of records to have additional restricted access time.

#2 Trump isn't President. Under the PRA of 1978 he (or his designated representative) is allowed access to Presidential records through the NARA. That doesn't mean that he gets to have custody of Presidential Records. The records, under the PRA of 1978, are turned over to the Archivist and the NARA retains custody. The ex-President (or his designee) can view them at an NARA facility with prior arrangement.

WW
 
No president can steal those documents ....... Trump is a lunatic slowly but surely on his way to incarceration ..........
You really have trouble accepting law from Congress and the Constitution. Or you just can't read. Maybe both?
 
You might want to read that again, it doesn't say what you are hoping it does.

The President as the quoted section refers to is the current occupant of the Oval Office which is Joe Biden.

What that text is saying is that when a President turns over records to the Archivist (NARA) at the end of their term before becoming the ex-President, that he can designate records as restricted for additional years. That part is contained in the PRA of 1978 beyond the normal 5 year limit.

So two things.

#1 If the Ex-President is allowed to keep their records, then why would 1270.44 say that those listed (the current President or Congress) have to request the records from the Archivist if the ex-President is the one that actually has the records? That isn't the case. 1270.44 assumes that the ex-President complied with the PRA of 1978 and turned over the Presidential Records as required by the law and that in addition the outgoing President notified the Archivist of records to have additional restricted access time.

#2 Trump isn't President. Under the PRA of 1978 he (or his designated representative) is allowed access to Presidential records through the NARA. That doesn't mean that he gets to have custody of Presidential Records. The records, under the PRA of 1978, are turned over to the Archivist and the NARA retains custody. The ex-President (or his designee) can view them at an NARA facility with prior arrangement.

WW

Nope, you misread it.
 
This is per 36 CFR § 1270.44

God, you gotta love leftists. You post of photo of the laws IN PRINT, and they STILL disagree with you.

Almost as funny as that schnitzel Bilbo Biden vowing every time the SCOTUS rules that his efforts are illegal and unconstitutional to, rather than respect the law, respect a co-equal branch of government, instead calls them a rogue out of control mess vowing to forge ahead regardless, rather than saying he disagrees with or regrets the decision but respects it asking others to respect it as well.
 
No, Biden did not, and yidnar is a liar. Again. So many agains.

Now Mike Roman, once a Trump staffer and on the inside of J6 and the George election interference snafu, is flipping on Trump.

It just keeps building.

 
God, you gotta love leftists. You post of photo of the laws IN PRINT, and they STILL disagree with you.

Almost as funny as that schnitzel Bilbo Biden vowing every time the SCOTUS rules that his efforts are illegal and unconstitutional to, rather than respect the law, respect a co-equal branch of government, instead calls them a rogue out of control mess vowing to forge ahead regardless, rather than saying he disagrees with or regrets the decision but respects it asking others to respect it as well.

Lawfare 24/7/365.
 
No, Biden did not, and yidnar is a liar. Again. So many agains.

Now Mike Roman, once a Trump staffer and on the inside of J6 and the George election interference snafu, is flipping on Trump.

It just keeps building.


More from the 'No One Is Above The Law' files.

These leaks are felonies, so when will 'Jack Smith's Leakers' be charged. Or are they above the law.
 
No president can steal those documents ....... Trump is a lunatic slowly but surely on his way to incarceration ..........
President Trump has every right that every ex President has. That's what really burns you haters.
 

Forum List

Back
Top