Presidential Records Act

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Vice President Dick Cheney shakes hands with Vice President-elect Joe Biden, who is holding a green folder.

Vice Presidents and Rules Governing Classified National Security Information

Uncovering an historical episode involving Vice President Cheney that cast doubt on status of vice presidents and classified information system - with a call for Congress to close…
On left, a portrait of U.S. District Judge Aileen M. Cannon of the Southern District of Florida, who is considering former President Donald Trump's request to appoint a special master to review documents recovered from his Mar-a-Lago estate. On right, a photo of a male police officer wearing sunglasses and police uniform, standing next to two vehicles on August 9, 2022, in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs

"In short, the notion that a former president can block his successor from accessing presidential records that the incumbent believes he needs for purposes of carrying out executive…
A photo of a white male police officer wearing sunglasses and police uniform, standing next to two vehicles in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

Expert Backgrounder: Criminal Statutes that Could Apply to Trump’s Retention of Government Documents

The DOJ obtained a search warrant for Mar-a-Lago. What underlying crimes might have justified the search? Experts survey the possibilities.
Trump boards Marine One as he departs the White House on January 20, 2021 in Washington, DC. A person in military uniform salutes him as he passes.

No, Former Presidents Cannot Assert Executive Privilege. At Least Not Meaningfully.

"Former President Trump’s authority, if any, would be at the 'lowest conceivable ebb' by asserting a claim that is incompatible with Congress’s explicit act plus incompatible…
The outside relief at the National Archives in Washington DC.

Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”

A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.
Trump supporters clash with police and security forces as people try to storm the US Capitol on January 6, 2021 in Washington, DC. The insurrectionists wear riot gear as do the police. One insurrectionist raises a police baton attacking the police.

The Next Best Option if a January 6 Commission Fails

"On balance, a House select committee is not the optimal vehicle to investigate the January 6 insurrection.... but it might be the best one available." How this path could be made…
Former U.S. Ambassador to Ukraine Marie Yovanovitch arrives to testify before the House Intelligence Committee in the Longworth House Office Building on Capitol Hill November 15, 2019 in Washington, DC. Photographers crowd in front of the bench she sits at and take photos. The chairs behind her appear crowded and full.

Congress Now Has More Power to Shed Light on Trump’s Abuses of Power

Throughout former President Donald Trump’s tenure, the White House stonewalled congressional oversight requests with impunity. Until now.
Executive Orders regarding trade lay on the Resolute desk in the Oval Office of the White House March 31, 2017 in Washington, DC.

Destroying Federal Documents During a Presidential Transition Is a Federal Crime

Destroying or stealing documents belonging to the United States government is a crime.
Phone app icons for Snapchat and WhatsApp

Trump and the Demise of the Presidential Records Honor System

News broke yesterday that Jared Kushner, President Donald Trump’s son-in-law and senior policy advisor, has been using the private messaging application WhatsApp for official…
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