Skip to content
NOWCAST WDSU News at 10pm
Watch on Demand
Advertisement

Is Trump mischaracterizing Presidential Records Act in criminal defense case?

After being indicted for allegedly mishandling classified documents, former President Donald Trump claims he’s innocent under the “Presidential Records Act.”

Is Trump mischaracterizing Presidential Records Act in criminal defense case?

After being indicted for allegedly mishandling classified documents, former President Donald Trump claims he’s innocent under the “Presidential Records Act.”

Government records left in the bathroom stacked in *** ballroom and spilled in *** storage room. The former president is facing 37 charges. 31 counts alleging he kept and refused to return documents marked as classified after leaving office. Former President Donald Trump pleaded not guilty to 37 federal criminal charges on the mishandling of classified documents claiming he could keep classified documents under the Presidential Records Act, political persecution. But experts say the law contradicts those claims. So what is this act? Originally? Records of the White House were considered the President's personal property. The government did however have full control over the classification status of classified documents. Presidents Hoover through Carter chose to donate their records to the national archives. Turning into *** tradition that wasn't enforced, then came *** scandal. Some of my closest friends and most trusted aides have been charged with involvement in what has come to be known as the Watergate affair resulting in *** call for change. In 1978 Congress enacted the Presidential Records Act as *** way to avoid another Watergate scandal. It changed the ownership of presidential records from the president to the government becoming public property. The law also applies to the vice president while in office, the president holds custody and management of presidential records. Immediately after leaving office, the president transfers the presidential records to the archivist of the United States. The law defines presidential records as documentary materials including electronic records like email and social media posts. These materials relate to the president's duties that are created or received by the president, their immediate staff or *** member of the President's executive office who advises or assists the president. Personal records are defined as diaries or journals that are not prepared, used or communicated for government business. Before leaving office, the president must separate the items. Presidents also do not have the authority to label *** presidential record as *** personal record. The president can dispose of records that don't have administrative historical or informational value. Once the archivist views the request in writing while the law regulates what *** president can do with their documents, no president including Trump has been punished for violating the law. There's also no way of enforcing it. Instead, Trump is charged with violating the espionage act. Federal prosecutors allege the documents he retained had national defense information which relates to national security. We have one set of laws in this country and they apply to everyone.
Advertisement
Is Trump mischaracterizing Presidential Records Act in criminal defense case?

After being indicted for allegedly mishandling classified documents, former President Donald Trump claims he’s innocent under the “Presidential Records Act.”

Former President Donald Trump pleaded not guilty in June to 37 federal felony counts related to the alleged mishandling of classified documents found at his Mar-a-Lago resort in Palm Beach, Florida. Trump has repeatedly claimed of no wrongdoing, stating in a previous speech, “Under the Presidential Records Act, which is civil, not criminal, I had every right to have these documents.” But experts say the law directly contradicts his claims. Trump was charged with 37 counts in an indictment brought by special counsel Jack Smith that alleges he illegally retained national defense information, concealed documents and obstructed the Justice Department investigation into the handling of those materials. The Presidential Records Act, which was enacted in 1978 as a response to President Nixon’s Watergate scandal, changed the ownership of presidential records from the president to the government. Who has custody of presidential records? According to the Presidential Records Act, the president holds custody and management of incumbent presidential records while in office. However, immediately after leaving office, the president then transfers custody of the presidential records to the Archivist of the United States.What is considered a “presidential record”? The law defines "presidential records" as documentary materials, including electronic records like email and social media posts. These records relate to the president's duties that are created or received by the president, their immediate staff, or a member of the president’s executive office who advises or assists the president. Before leaving office, the president must separate his personal records from presidential records. The law also states presidents don’t have the discretion to label a presidential record as a personal record. The president can dispose of records that don’t have administrative, historical, or informational value once the views of the Archivist of the United States on the proposed disposal have been obtained in writing. While the law regulates what a president can do with presidential records, no president – including Trump – has been punished for violating the law. There’s also no way of enforcing it. Instead, Trump is charged with violating the Espionage Act. Federal prosecutors allege the documents he retained had national defense information, which relates to national security.

Former President Donald Trump pleaded not guilty in June to 37 federal felony counts related to the alleged mishandling of classified documents found at his Mar-a-Lago resort in Palm Beach, Florida.

Trump has repeatedly claimed of no wrongdoing, stating in a previous speech, “Under the Presidential Records Act, which is civil, not criminal, I had every right to have these documents.”

Advertisement

But experts say the law directly contradicts his claims.

Trump was charged with 37 counts in an indictment brought by special counsel Jack Smith that alleges he illegally retained national defense information, concealed documents and obstructed the Justice Department investigation into the handling of those materials.

The Presidential Records Act, which was enacted in 1978 as a response to President Nixon’s Watergate scandal, changed the ownership of presidential records from the president to the government.

Who has custody of presidential records?

According to the Presidential Records Act, the president holds custody and management of incumbent presidential records while in office.

However, immediately after leaving office, the president then transfers custody of the presidential records to the Archivist of the United States.

What is considered a “presidential record”?

The law defines "presidential records" as documentary materials, including electronic records like email and social media posts. These records relate to the president's duties that are created or received by the president, their immediate staff, or a member of the president’s executive office who advises or assists the president.

Before leaving office, the president must separate his personal records from presidential records. The law also states presidents don’t have the discretion to label a presidential record as a personal record.

The president can dispose of records that don’t have administrative, historical, or informational value once the views of the Archivist of the United States on the proposed disposal have been obtained in writing.

While the law regulates what a president can do with presidential records, no president – including Trump – has been punished for violating the law. There’s also no way of enforcing it.

Instead, Trump is charged with violating the Espionage Act. Federal prosecutors allege the documents he retained had national defense information, which relates to national security.