A Washington Post report Wednesday night included a statement from former President Donald Trump's spokesperson, arguing that paints a unique picture of the Presidential Records Act.
"President Trump has consistently been in full compliance with the Presidential Records Act, which is the only law that applies to Presidents and their records," campaign spokesperson Steven Cheung said. "In the course of negotiations over the return of the documents, President Trump told the lead DOJ official, ‘anything you need from us, just let us know.’ Sadly, the weaponized DOJ rejected this offer of cooperation and conducted an unnecessary and unconstitutional raid on the President’s home in order to inflict maximum political damage on the leading presidential candidate."
It was a statement that The Boston Globe's Kimberly Atkins Stohr found puzzling. Speaking to MSNBC on Thursday, she said that this excuse makes no sense, regardless of the number of times Trump uses it.
"If that's what the legal defense looks like, Donald Trump is in a lot of trouble," she said. "This is not a Presidential Records Act case. What it states about the Presidential Records Act, is incorrect. We are talking about criminal charges under the Espionage Act, which prohibits taking of any sensitive information for national security and not turning it over. That is not in any way a defense."
Trump has repeatedly claimed that the Presidential Records Act allows him to take whatever records he wants. In fact, the PRA says the opposite. A 2014 amendment added specifics to the law, particularly addressing, "public ownership of all Presidential records and defines the term Presidential records."
"The PRA changed the legal ownership of the official records of the President from private to public," says the National Archives.
It also put a process in place for those seeking records. The law does not allow a president to take documents upon leaving the White House or at any other time.
After being archived, the documents are cataloged and categorized, and presidential records are sent to presidential libraries where a National Archives staffer oversees them.
Trump has also claimed in the past that former President Richard Nixon faced off against the Presidential Records Act and was able to take whatever he wanted. The PRA was passed in 1978 under President Jimmy Carter, and it wasn't fully implemented until after Nixon, under former President Ronald Reagan in 1981.
"Several of Trump's own attorneys have quit because he doesn't listen to anyone," said Stohr. "He certainly doesn't take considered legal advice. This is a complex case involving classified documents. He should have attorneys with security clearance. As far as we know, so far, he does not."
Even if Judge [Aileen] Cannon gives Trump favorable rulings, Stohr said that still might not be enough to save Trump.
"She could end up giving him favorable rulings, but not if he doesn't have a legal team that's able to make the motions to challenge evidence and do what they ought to do to defend him best," she said.
See the full commentary in the video below or at the link here.
Trump's lie about the PRAwww.youtube.com
