CREW and National Security Archive v. Trump and EOP
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''Citizens for Responsibility and Ethics in Washington and National Security Archive v. Trump and EOP'', No. 1:17-cv-01228 (D.D.C. 2017), is a case pending before the
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of ...
. The plaintiffs, the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) and the archivist
National Security Archive The National Security Archive is a 501(c)(3) non-governmental, non-profit research and archival institution located on the campus of the George Washington University in Washington, D.C. Founded in 1985 to check rising government secrecy. The Nat ...
, allege that the defendants,
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
and elements of the
Executive Office of the President The Executive Office of the President (EOP) comprises the offices and agencies that support the work of the president at the center of the executive branch of the United States federal government. The EOP consists of several offices and agenci ...
, are in violation of the
Presidential Records Act The Presidential Records Act (PRA) of 1978, , is an Act of the United States Congress governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all presidentia ...
by deleting electronic messages on Twitter and using other electronic messaging applications without required archival records.


Background

Citizens for Responsibility and Ethics in Washington (CREW) had previously filed an emoluments case against the president,
CREW v. Trump ''Citizens for Responsibility and Ethics in Washington v. Trump'' was a case brought before the United States District Court for the Southern District of New York. The plaintiffs, watchdog group Citizens for Responsibility and Ethics in Washingt ...
, where they alleged the President had been in violation of the constitution since the inauguration. The
National Security Archive The National Security Archive is a 501(c)(3) non-governmental, non-profit research and archival institution located on the campus of the George Washington University in Washington, D.C. Founded in 1985 to check rising government secrecy. The Nat ...
at George Washington University is a repository of declassified U.S. documents outside of the federal government. CREW and the National Security Archive are represented in this suit by both CREW staff lawyers and external counsel from the multinational law firm
Baker McKenzie Baker McKenzie is an international law firm located in Chicago, Illinois. It was founded in 1949, originally named Baker & McKenzie. It now has 77 offices in 46 countries. It employs 4,809 attorneys total, and approximately 13,000 employees tot ...
. The United States Department of Justice represents Trump. President Trump had used Twitter as a communication medium during his campaign and during his tenure as president, including tweets on inauguration day.Tweet dated 20 Jan 2017
/ref> CREW contends that deletion of tweets is the destruction of presidential records in violation of the Presidential Records Act of 1981. According to the text of the complaint:


Specific allegations

* Trump deleted tweets in violation of the Presidential Records Act of 1981. * The White House used encrypted and auto-deleting messaging applications which CREW alleges interferes with other federal agencies from fulfilling their obligations.


Opinion

The District Court ruled in favor of the Trump Administration, stating that the plaintiffs had failed to a clear and indisputable harm that merited the requested writ of mandamus. Thus, the case was dismissed and the administration was not required to restore the deleted communications. The plaintiffs appealed this decision, but the
Court of Appeals for the D.C. Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
affirmed the district court's ruling.''Citizens for Responsibility v. Trump,'
924 F.3d 602
(D.C. Cir., 2019).


See also

* ''
CREW v. Trump ''Citizens for Responsibility and Ethics in Washington v. Trump'' was a case brought before the United States District Court for the Southern District of New York. The plaintiffs, watchdog group Citizens for Responsibility and Ethics in Washingt ...
'' * '' D.C. and Maryland v. Trump'' * '' Blumenthal v. Trump'' *
List of lawsuits involving Donald Trump The following is a list of notable lawsuits involving former United States president Donald Trump. The list excludes cases that only name Trump as a legal formality in his capacity as president, such as ''habeas corpus'' requests. Trump as p ...
*
Presidential Records Act The Presidential Records Act (PRA) of 1978, , is an Act of the United States Congress governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all presidentia ...
*
Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act 1982, the Australian act * ...


References


External links

* {{Citation, title = Complaint, Docket 1, volume = No. 1:17-cv-01228, location = D.D.C., date = Jun 22, 2017, url = https://archive.org/download/gov.uscourts.dcd.187444/gov.uscourts.dcd.187444.1.0.pdf, ref = CITEREFDocket1
Copy of complaint filed in United States District Court
(PDF, 38 pages) United States District Court for the District of Columbia cases Donald Trump and social media Donald Trump litigation