A newly revealed letter provides insight into who knew what during the FBI raid on the Trump family’s Florida residence.
Acting Archivist Debra Steidel Wall addressed a letter to Trump lawyer Evan Corcoran, which was released by JustTheNews late on Monday.
JustTheNews reported that on that date, Corcoran wrote to National Archives general counsel Gary Stern requesting that the handover be further delayed “until we have the opportunity to review the documents and consult with President Donald J. Trump, so that he may personally make any decision to assert a claim of constitutionally-based privilege.”
In a letter dated 10 May, Wall dismissed this argument, noting that Supreme Court precedent “clearly implies that a former president cannot effectively establish executive privilege ‘against the very Executive Branch in whose name the privilege is invoked’.”
Wall added that the Justice Department “has advised me that there is no precedent for a former president to assert executive privilege against an incumbent president in order to prevent the latter from obtaining… Presidential records belonging to the Federal Government where’such records contain information that is necessary for the conduct of current business of the incumbent President’s office and that is not otherwise available.'”
“I have therefore decided not to honor the former President’s ‘protective’ claim of privilege,” Wall wrote, after making clear that her letter bore Biden’s imprimatur: “The Counsel to the President has informed me that, in light of the particular circumstances presented here, President Biden defers to my determination, in consultation with the Assistant Attorney General for the Office of Legal Counsel, regarding whether or not I should uphold the former President’s purported ‘protective assertion of executive privilege.’”
Christopher Schroeder, the assistant attorney general in question, was confirmed to the position in October of last year and previously served for the DOJ under the Clinton and Obama administrations.
Wall told Corcoran, “For the same reasons, I have concluded that there is no reason to grant your request for a further delay before the FBI and others in the Intelligence Community begin their reviews.”
“Accordingly, [the Archives] will provide the FBI access to the records in question, as requested by the incumbent President, beginning as early as Thursday, May 12, 2022.”
The DOJ’s National Security Division was quoted by Wall as saying, “’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.’”
“’Accordingly, we are seeking immediate access to these materials so as to facilitate the necessary assessments that need to be conducted within the Executive Branch.’”
More on this story via The Republic Brief:
The National Archives and White House did not immediately respond to The Post’s inquiry seeking clarification as to whether Biden signed off on the initial April 11 note from the White House counsel’s office.
The day after Wall’s letter, May 11, a grand jury issued a subpoena for the documents in question. CONTINUE READING…