Tornado Alley (PROG)

[lesgetrich]

his lawyers will argue that under the PRA, he has done nothing illigal -- records were being returned under his direction

You are such a gullible fool. The Presidential Records Act (PRA) says exactly the opposite of what your cult leader and you think it says. Trump took the records illegally (i.e. he stole them from the people of the United States). They were never his to take...

The Presidential Records Act

Presidential Records Act (PRA)

In 1978, Congress passed the Presidential Records Act (PRA), which states that any records created or received by the President as part of his constitutional, statutory, or ceremonial duties are the property of the United States government and will be managed by NARA (The National Archives and Records Administration) at the end of the administration.

The Presidential Records Act (PRA) changed the legal status of Presidential and Vice Presidential materials. Under the PRA, the official records of the President and his staff are owned by the United States, not by the President.

* The Archivist is required to take custody of these records when the President leaves office, and to maintain them in a Federal depository.
* These records are eligible for access under FOIA five years after the President leaves office.
* The President may restrict access to specific kinds of information for up to 12 years after he leaves office, but then records are reviewed for FOIA exemptions only.
* This legislation took effect on January 20, 1981, and the records of the Reagan administration were the first to be administered under this law...

...Types of Presidential records

* Textual records: includes letters, memos, schedules, briefing papers, and publications
* Electronic records: email messages, electronic files (i.e. word processing files, spreadsheets), digital images, social media content, and digitized content
* Audiovisual records: audio and video recordings, photographs

NARA provides courtesy storage to the incumbent administration under the provisions of the PRA. The records are in the physical custody of NARA while the White House retains legal custody. Legal custody of the Presidential records transfers to NARA at the end of a presidential administration.

H.R. 13500 (95th): Presidential Records Act

The text of the bill below is as of Nov 4, 1978 (Passed Congress).

"§2202. Ownership of Presidential records
"The United States shall reserve and retain complete ownership,
possession, and control of Presidential records; and such records shall
be administered in accordance with the provisions of this chapter.
44 use 2203. "§2203. Management and custody of Presidential records
"(a) Through the implementation of records management controls
and other necessary actions, the President shall take all such steps as
may be necessary to assure that the activities, deliberations, decisions,
and policies that reflect the performance of his constitutional, statu-
tory, or other official or ceremonial duties are adequately documented
and that such records are maintained as Presidential records pursuant
to the requirements of this section and other provisions of law.
"(b) Documentary materials produced or received by the President,
his staff, or units or individuals in the Executive Office of the
President the function of which is to advise and assist the President,
shall, to the extent practicable, be categorized as Presidential records
or personal records upon their creation or receipt and be filed
separately.
Disposal, "(c) During his term of office, the President may dispose of those of
notification to his Presidential records that no longer have administrativ^e, historical,
Archivist. informational, or evidentiary value if—
"(1) the President obtains the views, in writing, of the Archi-
vist concerning the proposed disposal of such Presidential records;
and
"(2) the Archivist states that he does not intend to take any
action under subsection (e) of this section.
Disposal "(d) In the event the Archivist notifies the President under sub-
schedule, section (c) that he does intend to take action under subsection (e), the
submittal to President may dispose of such Presidential records if copies of the
congressional
committees. disposal schedule are submitted to the appropriate Congressional Com-
mittees at least 60 calendar days of continuous session of Congress in
advance of the proposed disposal date. For the purpose of this section,
continuity of session is broken only by an adjournment of Congress
PUBLIC LAW 95-591—NOV. 4, 1978 92 STAT. 2525

sine die, and the days on which either House is not in session because
of an adjournment of more than three days to a day certain are
exchided in the computation of the days in which Congress is in
continuous session.
"(e) The Archivist shall request the advice of the Committee on Consultation with
Rules and Administration and the Committee on Governmental Affairs congressional
of the Senate and the Committee on House Administration and the committees.
Committee on Government Operations of the House of Representatives
with respect to any proposed disposal of Presidential records whenever
he considers that—
"(1) these particular records may be of special interest to the
Congress; or
"(2) consultation with the Congress regarding the disposal of
these particular records is in the public interest.
"(f) (1) Upon the conclusion of a President's term of office, or if a
President serves consecutive terms upon the conclusion of the last term,
the Archivist of the United States shall assume responsibility for the
custody, control, and preservation of, and access to, the Presidential
records of that President. The Archivist shall have an affirmative duty
to make such records available to the public as rapidly and completely
as possible consistent with the provisions of this Act.
"(2) The Arcliivist shall deposit all such Presidential records in a
Presidential archival depository or another archival facility operated
by the United States. The Archivist is authorized to designate, after
consultation with the former President, a director at each depository
or facility, who shall be responsible for the care and preservation of
such records.
"(3) The Archivist is authorized to dispose of such Presidential
records which he has appraised and determined to have insufficient
administrative, historical, informational, or evidentiary value to war-
rant their continued preservation. Notice of such disposal shall be Publication in
published in the Federal Register at least 60 days in advance of the Federal Register.
proposed disposal date. Publication of such notice shall constitute a
final agency action for purposes of review under chapter 7 of title 5,
United States Code.