https://amgreatness.com/2022/10/14/archives-politicization-portends-another-russiagate/
If the Russiagate fiasco proved anything, it is that slimy but clever beats straight but blundering, at least in the political short term. Unfortunately, the oleaginous tactics of the Biden Administration regarding former President Donald Trump’s statutorily protected presidential papers, combined with its politicization of what should be a neutral, nonpartisan National Archives and Records Administration (NARA), follows the temporarily successful Russiagate playbook. And as in the “Russia collusion” hoax, the media feeds the frenzy of its credulous naïf audience, using the shiny object of a few straggling classified documents out of millions, importance unknown.
More significantly, the media is concealing from the public the clear provisions of the Presidential Records Act (PRA), which, if read with critical intelligence, reveals the sickening politicization of the Archives which, like the FBI, is tasked to be neutral and nonpartisan.
For two hundred years, until Richard Nixon sought to destroy unflattering White House tapes, former presidents owned their presidential papers, classified and unclassified, after leaving office, willing them to their heirs or putting them in trust.
The 1978 PRA attempted to keep the status quo, with the exception that the government now owned the documents, with the Archives serving as a faithful librarian.
A former president has unfettered access to his documents for up to 12 years, while the sitting president and Congress have no access, unless the incumbent can show, per section 2205 (B) (2), that “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.”
But whether or not the incumbent president can see these documents, the former president is assured by the PRA of access to all his papers: “The presidential records of a former President shall be available to such former President or the former President’s designated representatives.”
Those two simple statements are at the heart of the case that the Archives has been politicized and that the Biden Administration has weaponized this politicization. Both have acted shamefully, but our vaunted “investigative” media, of course, has not noticed. Don’t we have swarms of wannabe Woodwards and Bernsteins?
It is the duty of the Archives not to provide such access unless the requisite showing has been made. Because this exception requires a showing that the sitting president cannot get the information elsewhere and that it is needed for the current (i.e., already existing) business of the incumbent’s office, this should pose a high burden.