replevin?

Chris Flynn

On Tue, Nov 15, 2011 at 10:05 AM, Matthew Hebert <[log in to unmask]>wrote:

> Larry,
>
> I'll take a stab at this.  I'm a long-time lurker, first-time poster to
> this listserv.
>
> The Presidential Recordings Act didn't go into statutory effect until 1981,
> even though it was passed in 1978.  Prior to the Presidential Records Act,
> Presidential materials were the private property of the President and his
> staff.  All NARA Presidential libraries before Nixon, as well as the Ford
> and Carter libraries, rely on Deed of Gift for their presidential
> materials.
>
> So, from a legal standpoint with regard to the PRA, I can see how Mr. Raab
> might have ended up with the tape.
>
> I'm not sure about the classified/unclassified aspect.  But if it was never
> officially judged to be classified by any government agency or White House
> staff member, I assume it is automatically considered unclassified.  I
> think it boils down to the nature of the information discussed on the tape
> and whether it meets certain thresholds.  Since it's gone to press, I can
> only guess it's been vetted.
>
> Matt Hebert
> NARA Archivist
> College Park, MD
>
> Information not relevant for my reply has been deleted to reduce the
> electronic footprint and to save the sanity of digest subscribers
>
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