Posts tagged with "Presidential Records Act"

Hutchinson reveals that Meadows burned documents during transition

December 29, 2022

Former Trump White House aide Cassidy Hutchinson revealed that Mark Meadows, the White House chief of staff, burned documents in his fireplace roughly a dozen times in the final weeks of the Administration, according to newly released transcripts of her House January 6 select committee depositions, reports The Hill.

FHutchinson, who became a star witness during the panel’s public hearings, told the committee on May 17 that she saw Meadows burn documents once they lit his office fireplace in December 2020.

“The Presidential Records Act only asks that you keep the original copy of a document. So, yes,” Hutchinson said when asked if she saw Meadows use the fireplace to burn documents, adding, “However, I don’t know if they were the first or original copies of anything,” she continued. “It’s entirely possible that he had put things in his fireplace that he also would have put into a burn bag that there were duplicates of or that there was an electronic copy of.”

Politico and The New York Times had previously reported on the testimony. “I want to say once a week or twice—it’s —I can recall specific times that I did,” Hutchinson said. “Maybe a dozen, maybe just over a dozen, but this is over a period December through mid-January too, which is when we started lighting the fireplace.”

Hutchinson suggested that at least two of the occasions took place after Meadows met with Representative Scott Perry (R-Pennsylvania) about election issues.

The House committee has said Perry was “directly involved” in efforts to make Jeffrey Clark the attorney general in order to create a Justice Department aligned with former President Trump’s unfounded claims of mass electoral fraud.

“I know maybe three or four times—between two and four times, he had Mr. Perry in his office right before,” Hutchinson told the committee, although she cautioned that she did not know what documents were burned.

The Hill has reached out to an attorney for Meadows for comment.

Research contact: @thehill

‘We’re not releasing a copy of the warrant’: Trump allies ‘circling the wagons’ after Mar-A-Lago search

August 11, 2022

Former President Donald Trump has no plans to release a copy of the search warrant that FBI agents obtained for his residence at Mar-A-Lago, reports Raw Story.

To do so, would expose the reasons for the search—and that is not something that the former president is willing to do.

Trump is free to share a copy of the warrant to clear up confusion about what investigators were looking for, but a source close to the president told NBC News that it’s the DOJ‘s responsibility to notify the public, but not Trump’s.

“No, we’re not releasing a copy of the warrant,” the source said, adding that there was a “complete circling of the wagons” by the Republican Party around the former president.

Trump’s legal team had been in discussions with the Justice Department as recently as early June about classified records stored at Mar-A-Lago, and his attorney Christina Bobb said the FBI removed about a dozen boxes from a basement storage area.

Bobb also said the search warrant indicated they were investigating possible violations of laws covering the handling of classified material and the Presidential Records Act.

She said DOJ officials said they did not believe the storage unit was properly secured, but she said Trump officials added a padlock to the door that FBI agents later broke when they executed the search warrant.

Trump had already returned 15 boxes of documents that the National Archives and Records Administration said had been improperly removed from the White House at the end of his presidency.

Research contact: @RawStory

National Archives had to retrieve Trump White House records from Mar-a-Lago

Feebraury 8, 2022

Former President Donald Trump improperly removed multiple boxes from the White House, which were retrieved by the National Archives and Records Administration last month from his Mar-a-Lago residence because they contained documents and other items that should have been turned over to the agency, according to three people familiar with the visit.

Indeed, The Washington Post reports, the recovery of the boxes from Trump’s Florida resort raises new concerns about his adherence to the Presidential Records Act—which requires the preservation of memos, letters, notes, emails, faxes and other written communications related to a president’s official duties.

Trump advisers deny any nefarious intent and say that the boxes contained mementos, gifts, letters from world leaders and other correspondence. The items included correspondence with North Korean leader Kim Jong Un, which Trump once described as “love letters,” as well as a letter left for his successor by President Barack Obama, according to two people familiar with the contents.

Discussions between the Archives and the former president’s lawyers that began last year resulted in the transfer of the records in January, according to one person familiar with the conversations. Another person familiar with the materials said Trump advisers discussed what had to be returned in December. People familiar with the transfer, like others, spoke on the condition of anonymity to reveal internal details.

The Archives declined to comment. A spokesperson for the former president did not respond to a request for comment.

According to the Post, the Archives has struggled to cope with a president who flouted document retention requirements and frequently ripped up official documents, leaving hundreds of pages taped back together—or some that arrived at the Archives still in pieces. Some damaged documents were among those turned over to the House select committee investigating the January 6, 2021, attack on the U.S. Capitol by a pro-Trump mob.

“The only way that a president can really be held accountable long term is to preserve a record about who said what, who did what, what policies were encouraged or adopted, and that is such an important part of the long-term scope of accountability—beyond just elections and campaigns,” presidential historian Lindsay Chervinsky said.

From a national security perspective, Chervinsky added, if records and documents are not disclosed, “that could pose a real concern if the next administration is flying blind without that information.”

The recovery of documents from Trump’s Florida estate is just the latest example of what records personnel described as chronic difficulties in preserving records during the Trump era—the most challenging since Richard Nixon sought to block disclosure of official records, including White House tapes.

All recent administrations have had some Presidential Records Act violations, most often involving the use of unofficial email and telephone accounts. White House documents from multiple administrations also have been retrieved by the Archives after a president has left office.

But personnel familiar with recent administrations said the Trump era stands apart in the scale of the records retrieved from Mar-a-Lago. One person familiar with the transfer characterized it as “out of the ordinary …. NARA has never had that kind of volume transfer after the fact like this.”

“Things that are national security-sensitive, or very clearly government documents, should have been a part of a first sweep—so the fact that it’s been this long doesn’t reflect well on [Trump],” said a lawyer who worked in the White House Counsel’s Office under Obama. “Why has it taken for a year for these boxes to get there? And are there more boxes?”

Research contact: @washingtonpost

Cummings presses for records of ‘Javanka’s’ use of WhatsApp and email for White House business

March 25, 2019

Next to MAGA, it is arguable that President Donald Trump’s favorite slogan during his run for office was “Lock her up!”—in reference to Hillary Clinton’s use of a private email server during her stint as Secretary of State for the Obama administration.

So who would think that anyone who served on his campaign—or within the Trump administration—would consider using private email or texts for government business? Much less individuals from the president’s immediate family?

However, now that it has come to light that Trump senior adviser and son-in-law Jared Kushner has “has been using the messaging application WhatsApp as part of his official White House duties to communicate with foreign leaders”—a direct quote from his own lawyer, Abbe Lowell— and that Trump senior adviser and First Daughter Ivanka has been using her private email for similar reasons, House Oversight Committee Chairman Elijah Cummings (D-Maryland) wants an explanation.

He also wants copies of the relevant messages for “a bipartisan investigation into the use of personal email and messaging accounts by non-career officials at the White House in violation of the Presidential Records act and White House policy,” he said in a letter to the president’s counsel, Pat Cipollone, on March 21.

In the letter, Cummings asks that Cipollone indicate by March 28 whether the White House will comply voluntarily, NBC News reports. If not, he says, he will resort to “alternative means” to obtain the information.

In the letter, Cummings accused the White House of “obstructing” his committee’s work and called the officials’ practices a potential violation of federal records laws.

The letter is part of an initial strategy by the committee chairman to use his powers to pursue lines of inquiry that have had past bipartisan support, according to committee aides who spoke with NBC News.

In March 2017, then-Republican Oversight Chair Jason Chaffetz  (Utah)joined Cummings on a letter to the White House requesting information on any use of non-official email accounts being used by its officials.

White House spokesperson Steven Groves acknowledged receipt of the letter. “As with all properly authorized oversight requests, the White House will review the letter and will provide a reasonable response in due course,” Groves said.

In a letter responding to Cummings on March 21, Lowell disputed he ever told the committee that Kushner had communicated with foreign leaders through any app, the network news outlet said. “I said he has used those communications with ‘some people’ and I did not specify who they were,” said Lowell, noting that Kushner has numerous “friends and contacts abroad.”

He also insisted that Kushner “follows the protocols (including the handling of classified information) as he has been instructed to do.”

In addition, Lowell disputed reports that Ivanka Trump continued to use personal after becoming a senior adviser to her father.

The Presidential Records Act prohibits senior White House officials from creating or sending a record “using a non-official electronic message account.”

Cummings’ letter said that in October 2017, White House lawyers briefed committee staff and said several employees had acknowledged failing to forward official records from their personal email accounts within 20 days, but refused to identify who they were.

According to NBC News, the committee’s request for information is part a broad swath of demands Cummings has made of the White House. In his letter, Cummings noted that the White House has not “produced a single piece of paper” on this or any other investigation. The broad range of inquiries include questions about the administration’s immigration policy at the Mexico border, as well as hush money payments Trump made to a porn star during the 2016 election.

Research contact: @HeidiNBC