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Subject:
From:
Maarja Krusten <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Fri, 22 Jun 2018 19:45:33 -0400
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Sharing a link to today's press release from the Society of American Archivists on a 
Presidential Records Act issue.  Please note my sharing the link in no way implies 
endorsement of the wording or content.  My comments here focus on advice to individuals 
interested in presidential and federal records.
https://www2.archivists.org/news/2018/saa-statement-on-presidential-records

I'm oriented towards statutory and regulatory citation and precision context, given my 
particular career as a Federal historian who assisted lawyers and policy makers in the 
course of my duties. It's conference and annual meeting season now for many archivists 
and informtion professionals. I would urge individual readers who are interested in federal 
and presidential records issues to double check the authorities that apply before writing or 
doing conference presentations on these issues.  

If you're writing for publication, especially for wide reach, even consider consulting a legal 
expert on government records statutes, since the regulatory and adjudicatory environment 
is different for the Presidential Records Act than the Federal Records Act.  Federal records 
management is not synonymous with records management within the White House, of 
course.

Text to the PRA, which "Places the responsibility for the custody and management of 
incumbent Presidential records with the President."  https://www.archives.gov/presidential-
libraries/laws/1978-act.html 

Recent letter from CREW, a public advocacy group (which previously has tried to litigate 
related issues over the course of several administrations) to the White House.  Note it is 
premised correctly on statutory records management authority being vested in the 
incumbent President and his designees within the White House:  
https://www.citizensforethics.org/legal-filing/crew-and-american-oversight-file-presidential-
records-complaint-against-trump/

Maarja
[log in to unmask]
Washington, DC
@ArchivesMaarja
Blog:  Archival Explorations
https://archivalexplorations.wordpress.com/

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