This doesn't make much sense
If Joe Biden was President due to 1 & 3, he could invoke Executive Privilege, you know… the privilege of the Executive Branch, to squash all of the Documents chatter… because like it or not, President’s CAN hold certain documents.
Aren't some of the Docs Biden has from his time in the Senate? And thus executive privilege and the PRA wouldn't apply.
Also there is no Presidential Records Act from 1973
There's a law from 1974. But it only applied to Nixon Presidential Recordings and Materials Preservation Act (PRMPA) of 1974.
Then in 1978 they passed the full Presidential Records Act.
President’s CAN hold certain documents.
Only while President. And even when a President is President, they should handle classified material appropriately.
Executive Order 13489 explicitly says this
"Presidential records" refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records.
There are many problems to his idea of invoking Executive Privilege.
- Executive Privilege doesn't apply to all Presidential records. It only covers some records involving
military, diplomatic, or national security secrets (the state secrets privilege); communications of the President or his advisors (the presidential communications privilege); legal advice or legal work (the attorney-client or attorney work product privileges); deliberative processes of the President or his advisors (the deliberative process privilege).
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A claim of executive privilege by a former president must be upheld by the current president. If Trump makes a claim of executive privilege, the Decider is Joe Biden.
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EP has nothing whatsover to do with a former president getting to keep records. Zero. The whole process described in Executive Order 13489 is about records kept BY NARA.
A. Someone requests a record from NARA B. The former president whose term the record is from gets notified by NARA, we are going to release this record. Do you want to claim EP. C. If the former president claims EP, then D. The current president makes the decision they are going to uphold this claim of executive privilege.
The enter time the document is in the National Archives.
This doesn't make much sense
If Joe Biden was President due to 1 & 3, he could invoke Executive Privilege, you know… the privilege of the Executive Branch, to squash all of the Documents chatter… because like it or not, President’s CAN hold certain documents.
Aren't some of the Docs Biden has from his time in the Senate? And thus executive privilege and the PRA wouldn't apply.
Also there is no Presidential Records Act from 1973
There's a law from 1974. But it only applied to Nixon Presidential Recordings and Materials Preservation Act (PRMPA) of 1974.
Then in 1978 they passed the full Presidential Records Act.
President’s CAN hold certain documents.
Only while President. And even when a President is President, they should handle classified material appropriately.