quote:
He failed to return all Presidential Records (15 boxes were returned, his lawyer certified it was everything, Someone narked, and FBI raided they found more documents. There's not much wiggle room here, Presidential Documents are designated as anything materially produced during his presidency that's not personal in nature (e.g. letter to his son, Barron saying congrats on high school). This could have been avoided if they'd simply done a full scan of the documents in question and not tried to effectively lie to NARA and say, "We have nothing, seriously".

The Armstrong cases and the Clinton sock drawer case make it clear the final authority and arbiter of what is personal and what is presidential is the President.

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) Classified documents, this one is more complex, the President can declassify documents but the process for that usually entails signoff/right of response from the originator of the classified material. The President can then overrule any objections to declassifying the material, this is a written formal process.

There is no formal process for the president. His power to declassify is plenary.

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Regardless, classified or unclassified, none of these documents would be considered "personal" records, and should have been sent to NARA. The fact that they were "potentially" classified just makes it all the worse.

Not NARAs call. Solely the call of the President.

This post was edited on 9/7/22 at 1:31 pm

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Posted by Texaggie96

Member since Dec 2018

1381 posts

Posted on 9/7/22 at 2:06 pm to BBONDS25

quote:
Not NARAs call. Solely the call of the President.

What is considered personal is defined within the PRA. The President can not simply declare everything he's decided to pack up and take home "personal".

(3) The term "personal records" means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not 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 includes--

(A) 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;

(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and

(C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.

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Posted by hogcard1964