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re: Federal Judge Reveals BIDEN WH Ordered FBI Access to Mar-a-Lago Documents

Posted on 9/7/22 at 2:06 pm to
Posted by Texaggie96
Member since Dec 2018
1381 posts
Posted on 9/7/22 at 2:06 pm to
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.
Posted by BBONDS25
Member since Mar 2008
48797 posts
Posted on 9/7/22 at 2:54 pm to
quote:

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".


He actually can. And it is likely not even subject to judicial review. Though that part isn’t as clear. Per uncontested court precedent (Armstrong and the Clinton tapes case). That isn’t what happened here, though. He allowed them to come and take whatever they wanted. They had unfettered access.
This post was edited on 9/7/22 at 2:58 pm
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