re: #135 lawhawk

There’s some decent commentary about how this only applies if Trump’s legal defense wants to go with the PRA route and commit to it.

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.

§2201. Definitions
(3) The term “personal records” means all documentary materials, or any reasonably segregable portion therof,2 of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes—

(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;

(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and

(C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.

Showing a cover page to a jury with a big-ass red CLASSIFIED stamp on it would be pretty sufficient to demonstrate that it wasn’t a personal note or daily diary entry.

So Smith may just roll with it. His team is already arguing that PRA has nothing to do with the stealing and hiding and obstructing of federal officials’ efforts to retrieve the documents.