Baltimore Sun

Experts: Records act clear on document rules

Trump’s disregard ‘unpreceden­ted,’ former Attorney General Barr says

- By Aamer Madhani

WASHINGTON — Donald Trump isn’t the first to face criticism for flouting rules and traditions around the safeguardi­ng of sensitive government records, but national security experts say recent revelation­s point to an unpreceden­ted disregard of post-presidency norms establishe­d after the Watergate era.

Document dramas have cropped up over the years.

Democrat Lyndon Johnson’s national security adviser held onto explosive records for years before turning them over to the Johnson presidenti­al library. The records showed Richard Nixon’s campaign was secretly communicat­ing in the final days of the 1968 presidenti­al race with the South Vietnamese government in an effort to delay the opening of peace talks to end the Vietnam War.

A secretary in Ronald Reagan’s administra­tion, Fawn Hall, testified that she altered and helped shred documents related to the Iran-Contra affair to protect Oliver North, her boss at the White House National Security Council.

Most recently, Hillary Clinton, while President Barack Obama’s secretary of state, faced FBI scrutiny that extended into her 2016 presidenti­al campaign for her handling of highly classified material in a private email account. The FBI director recommende­d no criminal charges but criticized Clinton.

As more details emerge from last month’s FBI search of Trump’s Florida home, the Justice Department has painted a portrait of an indifferen­ce for the rules on a scale that some thought inconceiva­ble after establishm­ent of the Presidenti­al Records Act in 1978.

“I cannot think of a historical precedent in which there was even the suspicion that a president or even a high-ranking officer in the administra­tion, with the exception of the Nixon administra­tion, purposely and consciousl­y or even accidental­ly removing such a sizable volume of papers,” said Richard Immerman, who served as assistant deputy director of national intelligen­ce

from 2007 to 2009.

FBI agents who searched Trump’s Mar-aLago resort on Aug. 8 found more than 100 documents with classifica­tion markings, including 18 marked top secret, 54 secret and 31 confidenti­al, according to court filings. The FBI also identified 184 documents marked as classified in 15 boxes recovered by the National Archives in January, and it received additional classified documents during a June visit to Mar-a-Lago.

An additional 10,000 other government records with no classifica­tion markings were also found.

That could violate the Presidenti­al Records Act, which says that such records are government property and must be preserved.

That law was enacted after Nixon resigned in the midst of the Watergate scandal and sought to destroy hundreds of hours of secretly recorded White House tapes. It establishe­d government ownership of presidenti­al records starting with Ronald Reagan.

The act specifies that after a president leaves office, the National Archives and Records Administra­tion takes legal and physical custody of the outgoing administra­tion’s records and begins to work with the incoming White House staff on appropriat­e records management.

According to the National Archives, records that have no “administra­tive, historical, informatio­nal, or evidentiar­y value” can be disposed of before obtaining the archivist’s written permission.

Trump has claimed he declassifi­ed all

the documents in his possession and had been working with department officials on returning documents when they conducted the Mar-a-Lago search. But Trump’s former attorney general, Bill Barr, said in a Fox News interview that he was “skeptical” of Trump’s claim.

“People say this (raid) was unpreceden­ted — well, it’s also unpreceden­ted for a president to take all this classified informatio­n and put them in a country club, OK,” Barr said.

Neil Eggleston, who served as White House counsel during the final years of the Obama administra­tion, recalled that Fred Fielding, who held the same position in the George W. Bush administra­tion, advised him as he started his new job to hammer home to staff the requiremen­ts set in the records act.

Trump’s White House counsel, Donald McGahn, sent a staff-wide memo in the first weeks of the administra­tion underscori­ng “that presidenti­al records are the property of the United States.”

Presidents are not required to obtain security clearances to access intelligen­ce or formally instructed on their responsibi­lities to safeguard secrets when they leave office, said Larry Pfeiffer, a former CIA officer and senior director of the White House Situation Room.

But guidelines issued by the Office of the Director of National Intelligen­ce, which oversees the intelligen­ce agencies, require that any “sensitive compartmen­ted informatio­n” be viewed only in secure rooms known as “SCIFs.”

A president can keep reports presented during a briefing for later review. And presidents aren’t always briefed in a SCIF, depending on their schedules and locations, Pfeiffer said.

 ?? ED JONES/GETTY-AFP ?? Former President Donald Trump arrives to speak at a campaign rally Saturday in Wilkes-Barre, Pa.
ED JONES/GETTY-AFP Former President Donald Trump arrives to speak at a campaign rally Saturday in Wilkes-Barre, Pa.

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