Trump / Musk (other than DOGE)

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“… It’s the latest in Trump’s efforts to remove people charged with oversight of his administration from the federal government. For example, his administration has also removed prosecutors involved in Jan. 6 cases.

His removal of Huitema, who was confirmed in a party-line vote last year, is likely to draw criticism, especially from Democrats who have been sounding the alarm about Elon Musk and the so-called Department of Government Efficiency’s sweeping cuts across federal agencies. …”
 
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I am not sure that is illegal

Well then why not just classify every document produced in the Executive Branch as a "Presidential Record" and be done with judicial oversight once and for all?

I must be missing something here...
 
Well then why not just classify every document produced in the Executive Branch as a "Presidential Record" and be done with judicial oversight once and for all?

I must be missing something here...
The problem is that DOGE doesn't have an agency associated with it. That puts it under the aegis of the White House. I don't know the ins and outs of the presidential records act, FOIA or any of that, which is why I said I'm not sure. But as an office of the president agency, it could plausibly be protected.

By the same token, DOGE has no power to do anything. I'd rather people go after that infirmity rather than the presidential records.

It's not possible for DOGE (as far as I know) to be a) a presidential office; and b) empowered to do anything.
 



Trump’s Declaration Allows Musk’s Efficiency Team to Skirt Open Records Laws​

Government watchdog groups say they will challenge the Trump administration’s decision to put the initiative under the Presidential Records Act, which shields its work from public disclosure.


“… “There should be no need for FOIA requests,” Mr. Musk reiterated on social media, referring to the law that gives the public the right to obtain copies of federal agency records: the Freedom of Information Act. “All government data should be default public for maximum transparency.”

But Mr. Musk's cost-cutting initiative, better known as the Department of Government Efficiency, or DOGE, appears to be heading in the opposite direction.

… Katie Miller, an employee for the efficiency initiative, said on X that Mr. Musk’s office “was reorganized under the Executive Office of the President” and was now “subject to Presidential Records.”

That designation has a special legal meaning under a law called the Presidential Records Act. The law shields from the public all documents, communication trails and records from the president, his advisers and staff until five years after that president leaves office.

That law still requires presidents to keep a broad set of written materials created or received by them while executing their duties. Nonetheless, presidents can also dispose of their records after getting a written approval from the archivist at the National Archives, whom a president can remove from office.

On Friday, Mr. Trump fired the nation’s archivist, Colleen Shogan. No cause or reason was cited, Ms. Shogan said in her LinkedIn page post announcing her dismissal.
…”
 
“… Presidents have “complete discretion” over presidential records, said Anne Weismann, a law professor at George Washington University who oversaw public records litigations at the Justice Department at the end of her two decades at the department.

… During Mr. Trump’s first term, federal courts recognized the president’s exclusive authority over presidential records by ruling against nonprofits that sought to stop his advisers from using private messengers that automatically delete messages after a certain period.

Critics are concerned that few oversight structures exist if Mr. Trump fails to preserve the records from Mr. Musk’s cost-cutting initiative.

“They are trying to insulate this entity and the enormous power it appears to be wielding from any kind of judicial interference and public scrutiny,” Ms. Weismann said.

If Mr. Trump chooses to get rid of all those records, there is not much recourse, she said, unless Congress decides to overhaul the Presidential Records Act.”
 
“… Katie Miller, an employee for the efficiency initiative, said on X that Mr. Musk’s office “was reorganized under the Executive Office of the President” and was now “subject to Presidential Records.”

That designation has a special legal meaning under a law called the Presidential Records Act. The law shields from the public all documents, communication trails and records from the president, his advisers and staff until five years after that president leaves office.

That law still requires presidents to keep a broad set of written materials created or received by them while executing their duties. Nonetheless, presidents can also dispose of their records after getting a written approval from the archivist at the National Archives, whom a president can remove from office.

On Friday, Mr. Trump fired the nation’s archivist, Colleen Shogan. No cause or reason was cited, Ms. Shogan said in her LinkedIn page post announcing her dismissal. …”


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She was fired so Trump and Musk could work in complete secrecy and destroy all records on Trump’s way out the door.
 
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