The implications of the “Clinton Sock Drawer” case, laid out in my op-ed “ Clinton’s Sock Drawer and Trump’s Boxes ” (June 14), shouldn’t be derided. The Constitution and the Presidential Records Act aren’t as simple as former Attorney General Bill Barr and letter writer James Wendel (June 20) think.
Not every record created by a federal agency is an “agency record.” As then-Judge Merrick Garland and two of his colleagues on the D.C. Circuit concluded in 2013 (in another Judicial Watch case, concerning White House visitor logs maintained by the Secret Service), records created by an agency for the president and intended to be controlled by the president aren’t agency records. Why not? Separation of powers. As Judge Garland explained, if records requested and intended to be controlled by the president were agency records, “a potentially serious congressional intrusion into the conduct of […]
Read the Whole Article From the Source: www.judicialwatch.org
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