Pandemic Apprentice: Monday Morning Quarterback Edition

LIFE IS LIKE 15 BOXES OF CLASSIFIED INFORMATION; YOU NEVER KNOW WHAT’S INSIDE

Axios Tips Former Army Top Spy Regarding Opportunity to Subpoena Former President’s Records for in Camera Review

[FOB FREEDOM, February 15, 2022] Any station? Any station? Do you read? Over. Reporting live from the world’s newest banana republic, nobody can say that one fringe independent candidate for Congress is not having the time of his life in a pandemic. While he’s not getting the national press attention of Monique Miles, the Alexandria GOP attorney who managed to get fired in a month serving as the Deputy Attorney General, he’s got three cases docketed for certiorari that arose during the government response to the current public health crisis, raising the ire of the Progressive Voters Guide, the disdain of the Arlington Democrats and the contempt of the Arlington GOP, but unlike former SNL cast member Chevy Chase, ask him if he gives a damn, and he will say, he only makes a recommendation to the Boss.

But, apparently, under 44 USC Section 2205(2)(a)(A), subject to any rights, defenses, or privileges which the United States or any agency or person may invoke, Presidential records shall be made available. . . pursuant to subpoena or other judicial process issued by a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding”.

According to Axios reporter Rebecca Falconer, “For the record: Under the Presidential Records Act, a president is required to immediately turn in presidential records to the national archivist as soon as they leave office”, and, pursuant to 44 USC Section 2202, “The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.”

Moreover, pursuant to 44 USC Section 2203(g)(2), “Upon the conclusion of a President’s term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President. The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this chapter.”

Under 44 USC Section 2204(e), “The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or privileges.” And, in relevant part, under 44 USC Section 2203(g)(1), “The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this chapter.”

Moreover, pursuant to 44 USC Section 2204(c)(1), “Subject to the limitations on access imposed pursuant to subsections (a) and (b), Presidential records shall be administered in accordance with section 552 of Title 5, United States Code, except that paragraph (b)(5) of that section shall not be available for purposes of withholding any Presidential record, and for the purposes of such section such records shall be deemed to be records of the National Archives and Records Administration”, and “Access to such records shall be granted on nondiscriminatory terms.”