The tapes were not considered presidential records. Judicial Watch wanted access to the tapes through a FOIA request.
NARA said
the tapes are personal records, as defined in section 2201(3) of the PRA.
And because of that we can't give you these through a FOIA request becomes NARA never had them.
Judicial Watch wanted to appeal this. They wanted NARA to change their ruling and declare the tapes presidential records and not personal records. Then go out and grab the tapes, which NARA was never in possession of.
Again the Archivist said
For these reasons, I am of the opinion that the audio tapes created by Taylor Branch are personal records of President Clinton
as defined by the PRA.
Judicial Watch claimed this
A. was an abuse of power and
B. caused injury to Judicial Watch
It would be like a liberal group finding out Trump kept a diary and then going and trying to FOIA it and then sued NARA to go get it. I don't think this is analogous to Trump's case.
A couple of notes on this.
https://fingfx.thomsonreuters.com/gfx/legaldocs/dwvkdwkwdpm/frankel-judicialwatchvNARA--ABJopinion.pdf
NARA said
And because of that we can't give you these through a FOIA request becomes NARA never had them.
Judicial Watch wanted to appeal this. They wanted NARA to change their ruling and declare the tapes presidential records and not personal records. Then go out and grab the tapes, which NARA was never in possession of.
Again the Archivist said
A. was an abuse of power and B. caused injury to Judicial Watch
It would be like a liberal group finding out Trump kept a diary and then going and trying to FOIA it and then sued NARA to go get it. I don't think this is analogous to Trump's case.