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Biden may have trouble unearthing Trump’s national security secrets

Politico: “From tearing up documents and hiding transcripts of calls with foreign leaders to using encrypted messaging apps and personal email accounts for government business, the Trump White House’s skirting of records preservation rules could limit the incoming Biden administration’s visibility into highly sensitive foreign policy and national security secrets….The Presidential Records Act, which requires a sitting president to preserve and ultimately make public all records relating to the performance of their official duties, was passed 42 years ago in response to President Richard Nixon’s attempts to hide the White House tapes that led to his downfall. The law makes presidential records available to the public via the Freedom of Information Act beginning five years after the end of an administration. But it has no real enforcement mechanism and relies on the president’s good faith compliance, said Kel McClanahan, the executive director of the law firm National Security Counselors.

Out of respect for the institution and the separation of powers, when Congress passed the PRA, they gave the White House the right to decide what constitutes a presidential record,” McClanahan said. “They never envisioned a president who would come in and just start shredding stuff.”…

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