Consequences Trump could face if he mishandles White House records

On Monday, August 8, 2022, FBIperformed the search. Warrantat the home of former President Donald Trump of Florida, Mar-a-Lago. Sources have told CBS News that the search was related to the Justice Department's investigation into the handling of Trump's presidential records.

This story was first published on February 10, 2022, shortly after the National Archivesmentioned the issue.To the Legal Department, legal experts told CBS News that Trump could face the consequences of violating the Presidential Records Act or the criminal law governing the handling of classified materials. 

Washington —Former President Donald Trump's Inappropriate White House Records HandlingHe is in office, and after decamping in Florida, scrutinizes whether he has ignored federal law and, if so, whether he can be held accountable for doing so. Prompted.

The law governing the responsibility for records management of the President is thePresidential Records Actenacted in 1978, which requires a memo. is. Letters, emails, and other documents related to the president's duties are stored and passed to the National Archives and Records Administration at the end of the administration.

However, the Archives recently revealed that Trump tore his documents during his tenure. Some of them were put together by the White House records management authorities and brought more than a dozen boxes of items and letters to Marl. -a-Lago, residence in Palm Beach, Florida, after leaving the office last year. The box was recovered by the archive last month, the agency said.

Ann Weissman, a lawyer representing a surveillance group who sued Trump for violating the Presidential Records Act, told CBS News that the former president "clearly violated" the Presidential Records Act. Rip the record.

But "the real problem is that the Presidential Records Act has no enforcement mechanism and no administrative enforcement provisions," she said. 

However, Weissman identified two criminal laws that Trump may have violated by destroying the White House records. The first law of ,, states that anyone who "intentionally damages or denounces US property" will be fined or sentenced to up to one year in prison if convicted. increase. The second state,, states that "records, minutes, maps, books, paper, documents, or anything else submitted or deposited in public office are intentionally and illegally concealed, deleted, cut, erased, etc. Or the one who destroys it. " "If convicted, you will be fined or imprisoned for up to three years.

"I can't sue for stupidity," National Security Counselor Executive Director Kel McLanahhan told CBS News whether Trump had deliberately violated the law. "Ignoring the law is no excuse. In this particular case, it would be a very difficult argument when there is evidence that his Chief of Staff, his [White House] adviser, was telling him. McLanahhan referred to theWashington Post report, warned by two former Chiefs of Staff of Trump, Rheinspreebas and John Kelly, and former White House adviser Don McGarn. Presidential Records About the law. 

"The rational president probably knows that two chiefs of staff and one legal adviser are right about the law. This has been cut down considerably. It will be a case, "he said.

Wiseman warned that if Trump was not held liable for violating federal law governing record keeping, other presidents might be less likely to obey.

"The records management responsibilities of these presidents are not so important and we are sure to send a message that they can be ignored with immunity," she said. "If you allow us not to deal with such a serious breach, that would be a big problem."

To address the historical value of maintaining presidential documents, Weissman 1962 At the height of the Cuban Missile Crisis of the year, he pointed out a memo and graffitiby former President John F. Kennedy. Graffiti was collected and preserved by his secretary and featured at the 2012 exhibitionat theNational Archives, helping to mark the time when the world "wobbled at the edge of the thermonuclear war". I did.

"The point of the Presidential Records Act is that this is our history, it belongs to the American people, and you, the president, are the maintainers of your records during your tenure. "She said. "You are supposed to create and store them, and when you leave the office, they go to people. We are losing part of our history."

The National Archivesconfirmed last week that some of the documents received from the Trump White House at the end of the administration were destroyed by the former presidentand records Although compiled by the administration, the "many" torn records received were not reconstructed by the White House. 

The agency also confirmed on Monday thathad recovered 15 boxes containing presidential records from Mar-a-Lago. The Washington Post wrote in, in the documents and items in the box, a letter between Trump and North Korean leader Kim Jong Un, and a letter left by former President Barack Obama to his successor. Reported that there was.

The archive stated that Trump staff "continues to search." Additional presidential records belonging to the agency.

Archive authorities asked the Justice Department to investigate the handling of Trump in White House records, CBS News confirmed on Wednesday, but introduced Does not mean that there is a criminal investigation or prosecution.

In addition to criminal charges for violating federal law, the Justice Department may also pursue a civil suit against Trump to obtain a presidential record he may have had after leaving the White House. McClanahan said he could.

"Focusing on the criminal side only if there are so many other options that could help good public policy and the DOJ takes no responsibility for doing so. It's a tunnel vision, "he said. "If the Justice Department people are conscientious, I don't think this will go away. I believe something will happen."

Mr. Trump said the Justice Department and Attorney General Merrick Garland He may have expected to remain a bystander of the political battle, saying he was "calling the DOJ's bluff." 

But "the question is purely in the interests of the government, purely a crime against the government and the people, and will you prosecute the former president for committing that crime?" McClanahan said. Said. 

The House Surveillance and Reform Commission has also begun investigating Trump's records management practices and is a US archivist, David Ferriero, on the 15 boxes recovered from Mar-a-Lago. Requested information from.

"Former President Trump and his senior adviser must also be held liable for violations of the law," said Carolyn Maloney, New York Democratic Oversight Committee Chairman, {126. I told Ferriero in the letter. To add a panel, we need information to "examine the scope and impact" of what is believed to be a Trump violation of the Presidential Records Act.

The New York Times said thearchive found clear confidential information in a document that Trump improperly brought out of the White House at the end of his first and only term. I reported. According to The Times, the discovery caused the Archives to contact the Justice Department for guidance, which instructed the Inspector General to investigate the matter.

Trump denied cheating and said in a statement Thursday that the archive "openly and willingly arranged" the transportation of boxes containing letters, records, newspapers, magazines and articles. Future Donald J. Trump Presidential Library.

"The treatise was provided very easily, without conflict, and very friendly, unlike accounts created by fake news media," Trump said. "In fact, it was routine and considered" not a big deal. " In fact, I am said to be not obliged to provide this material under various legal judgments made over the years. "

It is unclear which decision the former president referred to, but the federal court, which heard a dispute over possible violations of the Presidential Records Act during Trump's tenure, has no role to oversee.