Understanding the Presidential Records Act and Trump’s Claims
Introduction
Former President Donald Trump has repeatedly claimed that he had the right to take documents with him as he left the White House, citing the 1978 Presidential Records Act. However, legal experts have disputed his claims, stating that the act clearly outlines that presidential records are owned by the United States government, not the president. This article will explore the Presidential Records Act and Trump’s claims in more detail.
The Presidential Records Act
The Presidential Records Act, enacted in 1978 after the Watergate scandal, states that presidential records are materials created or received by the president or his staff while carrying out official duties, and are owned by the United States government. The act establishes procedures for congressional and public access to presidential records and ensures their preservation and public availability at the conclusion of a presidency.
Trudy Huskamp Peterson, who spent two years as the Acting Archivist of the United States, notes that the definition of presidential records would not have had to be made with a distinction of personal records if they were all personal at the time they were created. She explains that presidential papers were traditionally the private property of the President before the enactment of the Presidential Records Act.
Trump’s Claims
Despite the clear language of the Presidential Records Act, Trump has repeatedly claimed that it gives him the right to take White House records with him. He has cited the law in speeches and interviews, stating that he had every right to take the papers “under the Presidential Records Act.”
However, legal experts and archival professionals have disputed his claims, stating that presidential records are owned by the United States government and not the President. The National Archives and Records Administration, which sought the return of presidential papers from Trump after he left the White House, has also stated that the act changed the legal ownership of the official records of the President from private to public.
The Indictment
Last week, Trump was indicted for “willful retention” of sensitive defense information, with the majority of charges made under the Espionage Act. None of the charges were related to the civil Presidential Records Act law.
While there is a narrow exception within the Presidential Records Act for purely personal records, the materials at the center of the Department of Justice’s case do not appear to be those kinds of documents. The documents originated from several agencies in the U.S. intelligence community, including the CIA, the National Security Agency, and the National Geospatial Intelligence Agency, as well as from the Defense and Energy Departments.
Conclusion
In conclusion, the Presidential Records Act clearly outlines that presidential records are owned by the United States government, not the President. Despite Trump’s claims, legal experts and archival professionals have disputed his interpretation of the law. While the indictment against Trump is not related to the Presidential Records Act, it is important to recognize that presidential records are the property of the people of the United States.
