Texarkana Gazette

National Archives asks DOJ to investigat­e Trump’s handling of his White House records

- By Matt Zapotosky, Jacqueline Alemany, Ashley Parker and Josh Dawsey

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.

 ?? Photo by Michael Stravato for The Washington Post ?? Former President Donald Trump speaks during a "Save America" rally on Jan. 29 in Conroe, Texas.
Photo by Michael Stravato for The Washington Post Former President Donald Trump speaks during a "Save America" rally on Jan. 29 in Conroe, Texas.

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