Fox News legal analyst Gregg Jarrett explained the Presidential Records Act of 1978 and why it could play a big role in the FBI raid of former President Trump’s home.
GREGG JARRETT: This is the weaponization for political purposes by the FBI and the Department of Justice. You are right, Sean, when you identify the Presidential Records Act of 1968, ’78, which is far from a model of clarity, and in fact it’s one of the more opaque laws you will ever read. One of the problems with it is that it gives discretion and authority to the incumbent president to decide what constitutes presidential papers. He may identify, exclude, and dispose of presidential papers, and you point out the classified nature, allegedly, of some of the documents. Identified by the national archives.
NATIONAL ARCHIVES SAYS FORMER PRESIDENT TRUMP TOOK ‘CLASSIFIED NATIONAL SECURITY INFORMATION’ TO MAR-A-LAGO
They are not a competent agency to recognize classified documents because a president is the ultimate authority in declassifying documents. He may do so with a wave of his hand without notification to the national archives. So I think what you’re really seeing here is an abuse of power by the FBI and absolutely both Merrick Garland, the attorney general, and the FBI director Christopher Wray.
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