Dante Reawakened
Lifer
- May 4, 2022
- 9,126
- 4,496
- 208
- Banned
- #2,041
"After his presidency, Trump was not authorized to posses or retain classified documents.'" the laws are exact"NARA does not have the authority to designate materials as “Presidential records,” NARA does not have the tapes in question, and NARA lacks any right, 2 duty, or means to seize control of them. In other words, there has been no showing that a remedy would be available to redress plaintiff’s alleged injury even if the Court agreed with plaintiff’s characterization of the materials."
"Thus, the PRA requires the President to “maintain records documenting the policies, activities, and decisions of his administration,” but “leav[es] the implementation of such a requirement in the President’s hands.” Id., citing 44 U.S.C. § 2203"
"PRA accords the President “virtually complete control” over his records during his time in office. 924 F.2d at 290. In particular, the court stated that the President enjoys unconstrained authority to make decisions regarding the disposal of documents: “[a]lthough the President must notify the Archivist before disposing of records . . . neither the Archivist nor Congress has the authority to veto the President’s disposal decision.” Id., citing H.R. Rep. No. 95-1487, at 13 (1978), reprinted in 1978 U.S.C.C.A.N. at 5744. Since the President is completely entrusted with the management and even the disposal of Presidential records during his time in office, it would be difficult for this Court to conclude that Congress intended that he would have less authority to do what he pleases with what he considers to be his personal records."
"Thus, a close reading of the Armstrong II decision suggests that the limited judicial review authorized by the D.C. Circuit left untouched that portion of Armstrong I that gave the President unfettered control over his own documents."