National Archives asks DOJ to investigate Trump’s handling of his White House records
WASHINGTON — The National Archives and Records Administration has asked the Justice Department to examine Donald Trump’s handling of White House records, sparking discussions among federal law enforcement officials about whether they should investigate the former president for a possible crime, according to two people familiar with the matter.
The referral from the National Archives came amid recent revelations that officials recovered 15 boxes of materials from the former president’s Mar-a-Lago residence in Florida that were not handed back in to the government as they should have been, and that Trump had turned over other White House records that had been torn up. Archives officials suspected Trump had possibly violated laws concerning the handling of government documents — including those that might be considered classified — and reached out to the Justice Department, the people familiar with the matter said.
The people spoke on the condition of anonymity to discuss a politically sensitive request. The two people said the discussions about the matter remained preliminary, and it was not yet clear whether the Justice Department would investigate. The department also might be interested in merely reclaiming classified materials. A Justice Department spokesman declined to comment.
Trump’s years-long defiance of 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, has long raised concerns among historians and legal observers. His penchant for ripping up official documents was first reported by Politico in 2018, but it has drawn new scrutiny in recent weeks because of a House select committee’s investigation of the Jan. 6, 2021, attack on the U.S. Capitol.
The Washington Post reported late last month that some of the White House records the National Archives turned over to the committee appeared to have been torn apart and then taped back together. The Post later found — and the Archives confirmed — that officials had recovered 15 boxes of presidential records from Mar-a-Lago.
The materials they recovered included correspondence with North Korean leader Kim Jong Un that Trump once described as “love letters,” as well as a letter left for Trump by President Barack Obama, people familiar with the matter said. The National Archives also retrieved a map of Hurricane Dorian that had been altered with a black marker by Trump in a failed attempt to show he had not been wrong about the storm’s path, according to a person familiar with the contents of the boxes. The Archives in a statement earlier this week said Trump representatives were “continuing to search” for additional records.
In a statement Wednesday, Trump said he had engaged in “collaborative and respectful” discussions with the Archives and had arranged for the “transport of boxes that contained Presidential Records in compliance with the Presidential Records Act.” He said that the media had falsely characterized his relationship with the National Archives and Records Administration as hostile and that it was a “great honor” to work with the agency.
“Much of this material will someday be displayed in the Donald J. Trump Presidential Library for the public to view my Administration’s incredible accomplishments for the American People,” he said.
Democratic congressional committee chairs this week have expressed concern about Trump’s adherence to the presidential records law and archive requirements.
Rep. Carolyn Maloney, D-N.Y., chair of the House Oversight Committee, said this week that the records removal from Trump’s Florida club will be investigated. Trump’s reported actions regarding White House records were “deeply troubling but not surprising,” she said in a statement.
Earlier this week, Sen. Gary Peters, D-Mich., said in a statement that “Congress must take action … to ensure that every administration is appropriately handling and preserving important records related to the President’s official duties.” Peters — chairman of the Senate Homeland Security and Governmental Affairs Committee, which has jurisdiction over the National Archives — is working on legislation to strengthen records laws and plans to hold hearings on the topic in coming months, a Peters staffer said.
Substantiating a criminal case against Trump — and perhaps even launching a criminal investigation — could be difficult.
Legal experts and analysts have noted that the National Archives lacks a real enforcement mechanism, and all recent administrations have had some violations of federal records laws — most often involving the use of unofficial email and telephone accounts.
Anne Weismann, the longtime chief counsel for Citizens for Ethics and Responsibility in Washington, said that Trump “clearly violated the records act in multiple ways, and that — even if the statute was essentially not enforceable — the Justice Department should still investigate. “If they don’t investigate, given how flagrant these violations appear to be, it would basically be saying there is no accountability under the statute,” she said. “Imagine the scenario if Trump was reelected and what that would mean, and there was no consequences for all of these violations. He could have an entire White House that just thumbed their nose at the Presidential Records Act. I understand through the climate we live in, everything is viewed through a political lens. But I don’t think that should stop the Justice Department at all.”
Federal law makes it a crime to destroy government records, but it requires that a person know specifically they are breaking the law when doing so.