Where Should President Trump's Mar-a-Lagoon Records Be Stored?

As of 2023, the ongoing debate about where President Trump's records from Mar-a-Lago should be kept has gained traction, with various proposals and hypotheticals being discussed. To understand the legal requirements and appropriate storage options, it is crucial to look into the Presidential Records Act (PRA).

The Current Controversy

President Donald Trump removed numerous documents and items from the White House during his presidency, causing concern among authorities and experts about their security and proper storage. The question now is: where should these records be kept?

The Presidential Records Act (PRA): Legal Requirements

The Presidential Records Act (44 USC 2201-2212) governs the ownership, possession, and control of presidential records. According to this law, all presidential records must be fully owned, possessed, and controlled by the United States. This means that none of these records can be taken by the former President, as suggested by some speculations.

Ownership, Possession, and Control

Under 44 USC 2202, the United States retains complete ownership, possession, and control of all presidential records. This includes:

Ownership: The United States owns the records. Posession: The records must be in the possession of the United States. Control: The United States has the right to control access to the records.

Transfer of Custody

According to 44 USC 2203 g1, upon the conclusion of a President's term of office, the Archivist of the United States (NARA) shall assume responsibility for the custody, control, and preservation of the records. Subsequently, these records should be deposited in a Presidential archival depository or another archival facility operated by the United States.

Exclusions and Misconceptions

It is important to address the following points:

Mar-a-Lago: Mar-a-Lago is not a proper archival facility and cannot be used to store these records according to the law. Secret Documents: Some conspiracy theorists suggest unconventional methods such as storing documents in a bathroom, which is not only illegal but also impractical. Library Proposals: Storing records at a small, private presidential library with a pay-to-enter mechanism is unsuitable, as the records need to be accessible to the public and adhere to public record laws.

Proper Storage Location

The only legally appropriate place for filing President Trump's records is with the National Archives and Records Administration (NARA).

Why the National Archives?

NARA operates the Presidential Oral History Program, which ensures proper storage, preservation, and accessibility of all presidential records. Decisions regarding the records' management and long-term preservation are made by qualified archivists, government officials, and historians, guaranteeing transparency and security.

Security: NARA provides secure facilities to ensure the records' safety and confidentiality. Preservation: NARA employs advanced techniques to preserve documents for future generations. Access: NARA facilitates public access to these records through their archives and online resources.

In conclusion, while former President Trump can keep his personal records anywhere he wishes, it is mandatory for any US government records to be stored in a secure and properly regulated facility such as the National Archives. This ensures not only the preservation of the nation's history but also upholds the principles of transparency and accountability that are crucial in a democratic society.