A revealing letter from the National Archives to Trump was posted on Just the News.
Here’s a brief excerpt on why the NARA is rejecting Trump’s claim of executive privilege.
Although the Presidential Records Act (PRA) generally restricts access to Presidential records in NARA’s custody for several years after the conclusion of a President’s tenure in office, the statute further provides that, “subject to any rights, defenses, or privileges which the United States or any agency or person may invoke,” such records “shall be made available . . . to an incumbent President if such records contain information that is needed for the conduct of current business of the incumbent President’s office and that is not otherwise available.”
What does that “current business” involve?
There are important national security interests in the FBI and others in the Intelligence Community getting access to these materials.
Access to the materials is not only necessary for purposes of our ongoing criminal investigation, but the Executive Branch must also conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps.
The “executive branch” being Biden, will impartially evaluate what to accuse his political opponent of.
Executive privilege has to be waived so that a political opponent can use the materials to go after a former president.
The Assistant Attorney General has advised me that there is no precedent for an assertion of executive privilege by a former President against an incumbent President to prevent the latter from obtaining from NARA Presidential records belonging to the Federal Government where “such records contain information that is needed for the conduct of current business of the incumbent President’s office and that is not otherwise available.”
The current business here is Biden going after Trump.
This is banana republic stuff disguised under the thinnest layer of bureaucratic procedualisms.