x

Politics

AP Explains: What the Law Says about Presidential Records

WASHINGTON — Revelations of a roughly eight-hour gap in official records of then-President Donald Trump’s phone calls on the day of last year’s insurrection at the U.S. Capitol are raising fresh questions about the diligence — or lack thereof — of the former president’s record keeping.

The committee investigating the Jan. 6, 2021, riot has identified a gap in records that stretches a little after 11 a.m. to about 7 p.m. that day, and involves White House calls, according to two people familiar with the matter.

Trump didn’t immediately comment Tuesday, but attention surrounding the gap comes alongside a separate potential legal and political headache for the ex-president — the recovery earlier this year of 15 boxes, including records containing classified information from Trump’s White House tenure, from his Mar-a-Lago vacation home in Florida.

A look at how the law regards presidential records:

WHAT IS THE PRESIDENTIAL RECORDS ACT?

The 1978 law requires the preservation of White House documents as property of the U.S. government.

The law was passed in the aftermath of the Watergate scandal, when a collection of secret tapes that President Richard Nixon had considered destroying played a defining role. The tapes revealed that Nixon tried to cover up the bungled burglary of Democratic National Committee headquarters. He chose to resign rather than face impeachment and removal from office.

HOW MIGHT THAT APPLY HERE?

In theory, the law would require the preservation of emails, text messages and phone records — no matter the device used for the communication, said presidential historian Lindsay Chervinsky.

The problem is, there’s no real mechanism to enforce the law, which by definition depends on the goodwill of presidents and their staff to police their own record keeping.

“It does require a certain element of good faith and sort of an honor system, and when that crumbles, you can see the limitations,” Chervinsky said.

Even so, the Jan. 6 committee is investigating the gap as it works to piece together Trump’s communications before and during the insurrection, when pro-Trump rioters stormed the U.S. Capitol to prevent Congress from certifying the results of the 2020 presidential election.

House investigators are looking at whether the president was communicating during that time through other means, possibly through personal cellphones or some other type of communication — such as a phone passed to him by an aide.

HAS TRUMP FACED PRIOR ATTENTION OVER HIS RECORD-KEEPING?

In a word, yes. After it was revealed that Trump had taken boxes of classified materials with him to Mar-a-Lago, House lawmakers opened an investigation and the National Archives and Records Administration reportedly asked the Justice Department to look into the matter.

Asked about the issue, Attorney General Merrick Garland has said only that the Justice Department will do what it always does — evaluate the facts and the law “and take it from there.”

RELATED

SPRINGFIELD, Ill.  — The Abraham Lincoln Presidential Library and Museum is once again under the spotlight after a manager failed to consult a collections committee before purchasing a 21-star flag whose description as a rare banner marking Illinois' 1818 admission to the Union is disputed.

Top Stories

Columnists

A pregnant woman was driving in the HOV lane near Dallas.

General News

NEW YORK – Meropi Kyriacou, the new Principal of The Cathedral School in Manhattan, was honored as The National Herald’s Educator of the Year.

Video

2 Germans, a Spaniard and a Senegalese Killed in Building Collapse in Spain’s Mallorca Island

MADRID (AP) — Spain's National Police on Friday gave details on four people killed when a building housing a bar and restaurant club collapsed on the island of Mallorca.

SPRINGFIELD, Ill.  — The Abraham Lincoln Presidential Library and Museum is once again under the spotlight after a manager failed to consult a collections committee before purchasing a 21-star flag whose description as a rare banner marking Illinois' 1818 admission to the Union is disputed.

BABYLON, NY – Babylon AHEPA Chapter 416 awarded two very well-qualified students Yanni Saridakis and Maria Avlonitis with $1,000 scholarships on May 19.

THRU JUNE 4 NEW YORK – The third iteration of the Carte Blanche project featuring Maria Antelman with the work ‘The Seer (Deep)’ opened on April 19 and runs through June 4, Monday-Friday 9 AM-2:30 PM, at the Consulate General of Greece in New York, 69 East 79th Street in Manhattan.

ATHENS – An Archieratical Divine Liturgy and a memorial service honoring the 50th dark anniversary of the Turkish invasion of Cyprus at the Metropolis – the Greek Orthodox Cathedral of Athens – marked the beginning of the 4th Archon International Conference on Religious Freedom of the Archons of the Ecumenical Patriarchate on Sunday, May 26.

Enter your email address to subscribe

Provide your email address to subscribe. For e.g. [email protected]

You may unsubscribe at any time using the link in our newsletter.