The Battle Heats Up: Trump Attorney Claims 100% Permission to Keep Presidential Records

  • by:
  • Source: Wayne Dupree
  • 06/13/2023
The attorney for the Trump campaign, Christina Bobb, vehemently denied the accusations made by the Department of Justice, asserting that the President was "100% permitted" to keep all the records he retained during his tenure in office.

In the middle of a probe into whether the former President kept certain records in violation of the Presidential Records Act, Bobb made his comments.

The attorney emphasized the differences between the two Presidents' cases in an interview with Newsmax on Monday, saying, "The disparity in how they handled the raid of Mar-a-Lago versus Joe Biden, it's night and day difference."



In one incident from August, Bobb brought up how she was forced to wait outside Mar-a-Lago for around eight to ten hours in the sweltering Florida heat while the FBI searched the building. "I had to wait outside on the circle drive at Mar-a-Lago in Florida in 80, 90-something degree heat for about eight to ten hours while the FBI went through the rooms," she recalled.

"Donald Trump had complete permission to preserve anything he did. And since they grabbed something they weren't supposed to have, the Department of Justice was the one who really had to return the documents. She continued by claiming that the DOJ was the only entity that may have been in possession of things they weren't supposed to.

"President Trump was well within his rights to obtain such records. The Presidential Records Act, 44 U.S.C. Section 2203 Alpha, which expressly states that the president and only the president has the right to make this decision, is the sole legislation that applies to Donald Trump in this situation.

She said, "I think their case is dead on arrival."

The Presidential documents Act (PRA), which is codified in 44 U.S.C. Section 2203, is a crucial piece of law that establishes guidelines for managing the official documents of Presidents and Vice Presidents, particularly those produced or acquired after January 20, 1981. This act created a new structure for handling these records and changed the legal status of Presidential records from private to public property.

The PRA's guiding premise of presidential authority over records is one of its cornerstones. They have complete control over their records as soon as a President enters office. They have the option to discard any documents they feel no longer have administrative, historical, informative, or probative value. It is only possible to do this, though, after discussing the intended disposal with the US Archivist.

Additionally, the PRA specifies limitations on the general public's access to presidential documents. The President maintains the right to impose up to six particular limitations, which might prevent the public from accessing some data for up to 12 years, even though the law requires the public disclosure of Presidential records five years after the administration.

Along with these clauses, the PRA creates a process that will allow Congress, courts, and future administrations to obtain special access to documents that are generally off-limits to the general public, ensuring the potential of checks and balances. This is especially important when invoking constitutionally grounded privileges.

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