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CMUHoo

Joined: 09/19/2008 Posts: 3846
Likes: 6800


I'm sure you've read it start to finish...


This paragraph seems relevant in that case. With your legal expertise, I'm sure you'll be able to explain why the lib professors were wrong.

"The PRA authorizes NARA to invoke the same enforcement mechanism embodied in the Federal Records Act, which begins with a request to the Attorney General to institute an action for the recovery of missing records. Compare44 U.S.C. § 2112(c) with 44 U.S.C. § 3106. The statute does not mandate that NARA invoke this enforcement scheme but rather vests complete discretion with the agency to utilize that mechanism. 44 U.S.C. § 2112(c) (“When the Archivist considers it to be in the public interest, he may ....” (emphasis added)). The Archivist has chosen to invoke the mechanism in the past when it deemed such action appropriate. See, e.g., United States v. McElvenny, No. 02–3027, 2003 WL 1741422 (S.D.N.Y. April 1, 2003) (seeking recovery of a map of Cuba annotated by President John F. Kennedy during the Cuban Missile Crisis). "

That seems like exactly what they did in the Trump case, first with a request and then with a subpoena. He refused to comply. If he had complied, we wouldn't be in this mess.

(In response to this post by Los Angeles Hoo)

Link: Casetext.com


Posted: 06/20/2023 at 12:44PM



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