Here's some key information for those interested in the legal definitions of records.
When an outgoing president intends to take documents with him, he is required to separate personal records from presidential records. Any documents which are not by definition Presidential records are therefore personal records. Personal records are the property of that outgoing President, and are defined as follows:
“’personal records’ means all documentary materials of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.”
Presidential records, however, are owned by the public and are placed into NARA custody when the President leaves office. The PRA specifically states:
“’Presidential records’ means documentary materials created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.”
The definitions are important, because it means that any document which was not provided to the President for the purpose of fulfilling the duties of his office, or to anyone in his cabinet for the purpose of advising or assisting him in fulfilling those duties, can be treated as a personal record, so long as they have no clear bearing on the completion of the duties of the office of President.
Here's some key information for those interested in the legal definitions of records.
When an outgoing president intends to take documents with him, he is required to separate personal records from presidential records. Any documents which are not by definition Presidential records are therefore personal records. Personal records are the property of that outgoing President, and are defined as follows:
Presidential records, however, are owned by the public and are placed into NARA custody when the President leaves office. The PRA specifically states:
The definitions are important, because it means that any document which was not provided to the President for the purpose of fulfilling the duties of his office, or to anyone in his cabinet for the purpose of advising or assisting him in fulfilling those duties, can be treated as a personal record, so long as they have no clear bearing on the completion of the duties of the office of President.