Wednesday, December 16, 2020

AG's Ask WH Council to Prevent Destruction of Official Documents


Attorneys General from 14 States and the District of Columbia, on Wednesday, Reminded Trump that, even though he only has a Month left in Office, Trump and his Administration are still Subject to Federal Laws requiring Certain Records be Maintained and reserved.

In a Three-page Letter, the Coalition of Democratic AGs requested that White House Counsel, Pat Cipollone, take the Requisite steps to ensure that Officials in the Executive Office, including Trump, Understood and Complied with the Presidential Records Act (PRA). Enacted in the Aftermath of the Watergate Scandal, the PRA requires Presidential Administrations to Retain All “documentary material” of “the activities, deliberations, decisions, and policies that reflect the performance of the President’s constitutional, statutory, or other official or ceremonial duties.”

The Letter emphasized that Trump is Required to “take all such steps as may be necessary” to Assure such Material is Preserved, which includes any Unofficial means of Communication and Electronic Messages.

The AG’s said they were Compelled to Write the Letter due to Trump’s “utter disregard” for Complying with Recordkeeping Obligations, and noted that the White House Counsel’s Office hadn’t Issued a Memorandum Reiterating Staffers’ Obligations under the PRA, since September, of 2017. That Memorandum noted that “willful destruction or concealment of federal records is a federal crime punishable by fines and imprisonment.”

Trump was Sued earlier this year by the Watchdog Group Citizens for Responsibility and Ethics in Washington (CREW) for Failing to keep Proper Records of his Meetings with the Leaders of Foreign Nations as Prescribed by the PRA. U.S. District Judge, Amy Berman Jackson, Dismissed the Complaint, reasoning that the Court didn’t have the Authority to Police Executive Branch Recordkeeping Practices, said the Ruling should Not be Misinterpreted as the Court Finding that the Trump Administration’s Actions were in Compliance with the Law. The Group Signed onto Another PRA Lawsuit, earlier this month, that also Accused White House Advisor, Jared Kushner, of Knowingly Failing to Preserve Copies of Electronic Messages relating to his Work with the Administration.

“As detailed in a recently filed complaint, the President has shown an utter disregard for his recordkeeping obligations under the Presidential Records Act throughout his presidency. This includes, for example, President Trump’s practice of ripping up notes at the close of meetings, his practice of tweeting and then deleting his tweets, and his obstruction of notetaking,” the Letter stated.

“Additionally, it has been widely reported that Senior Advisor Jared Kushner communicates with other administration officials as well as foreign officials through WhatsApp and that Advisor to the President Ivanka Trump has used a personal email account to send emails concerning White House business. In light of these and other news reports, we have serious concerns about compliance by White House personnel with their Presidential Records Act obligations, including preservation of records and proper use of non-official electronic message accounts.”

Last year, the Washington Post Reported that Trump had gone to “extraordinary lengths” in his Efforts to Conceal Details of his Meetings with Vladimir Putin, which has Resulted in U.S. Officials having “no detailed record, even in classified files, of Trump’s face-to-face interactions with the russian Leader at five locations over the past two years.”

The Letter was sent by New York Attorney General, Letitia James (D), and joined by Democratic AGs from: Connecticut; Delaware; the District of Columbia; Hawaii; Illinois; Iowa; Maryland; Massachusetts; Michigan; Minnesota; New Mexico; Oregon; Virginia; and Washington.

18 USC §641, Public Money Property or Records, provides: Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted, Shall be fined under this title or imprisoned not more than ten years, or both.

18 USC §1361 provides: Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows: If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.

18 U.S. Code §2071 Concealment, Removal, or Mutilation generally provides:

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.










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