The attorney for the Trump campaign, Christina Bobb, vigorously refutes the accusations made by the Department of Justice. She claims that 100% of the people approve of the President keeping every document during his administration.
Bobb expressed his opinions on the subject in the midst of an investigation into whether the former President may have broken the Presidential Records Act by concealing particular records.
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“The difference in how they handled the raid of Mar-a-Lago versus Joe Biden, it’s night and day difference,” The attorney drew attention to the differences in how the cases of the two Presidents have been handled during an interview with Newsmax on Monday.
In one incident from August, Bobb brought up how she was forced to wait outside Mar-a-Lago for around eight to ten hours in the sweltering Florida heat while the FBI searched the building. “I was forced to stand outside on the circle drive at Mar-a-Lago in August in Florida in 80, 90-something degree heat for about eight to 10 hours while the FBI went through all of the rooms,” she said.
“Donald Trump was 100% authorized to keep everything he kept. And it was actually the Department of Justice that actually had to return materials because they took things they were not allowed to possess and had to return them.” She continued by claiming that the DOJ was the only entity that may have been in possession of things they weren’t supposed to.
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“President Trump had every right to have possession of those documents. And the only statute that applies to Donald Trump on this is the Presidential Records Act 44 U.S.C. Section 2203 Alpha, which specifically says the president and only the president is the one who has authority to make this call.”
“I think their case is dead on arrival,” she concluded.
The Presidential Records Act (PRA) is a key statute that governs the management of the official records of Presidents and Vice Presidents and is contained in 44 U.S.C. Section 2203. Records generated or received after January 20, 1981, are covered. This law introduced a new administration structure for these records by converting the legal status of Presidential records from private to public property, which was a significant development.
The fundamental tenet of the PRA is that the President has total authority over all of their records. They have the authority to destroy any records that they believe no longer serve an administrative, historical, informative, or evidential function as of the first day of their term. They must first speak with the American Archivist to make sure the correct procedure is followed before they do that.
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Access to Presidential documents is governed by the Presidential documents Act, which is very specific. The President has the power to impose up to six particular limitations, although records must be made public five years after the administration. This has a 12-year maximum time limit on public access.
The PRA offers a critical mechanism that allows access to records that are generally off-limits to the public in addition to a few other measures. This method can be used by Congress, the courts, and future administrations to protect the checks and balances, particularly where claims of constitutionally grounded privileges are implicated.
