How much time do outgoing Presidents have to go through their papers to determine what to retain as personal documents?

The Presidential Records Act (PRA) requires the President to separate personal documents from Presidential records before leaving office. 44 U.S.C. 2203(b). The PRA makes clear that, upon the conclusion of the President’s term in office, NARA assumes responsibility for the custody, control, preservation of, and access to the records of a President. 44 U.S.C. 2203(g)(1). The PRA makes the legal status of Presidential records clear and unambiguous, providing that the United States reserves and retains “complete ownership, possession, and control of Presidential records.” 44 U.S.C. 2202. There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports. If a former President or Vice President finds Presidential records among personal materials, he or she is expected to contact NARA in a timely manner to secure the transfer of those Presidential records to NARA. …

How are documents in the White House determined to be an official Presidential record or a personal record?

The Presidential Records Act (PRA) defines what constitutes “Presidential records” and what are “personal records.” 44 U.S.C. 2201. Personal records include “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.”

The PRA also requires that all documentary materials “be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.” 44 U.S.C. 2203(b). The President does not have discretion to categorize a Presidential record as a personal record. …

What are “personal records” under the Presidential Records Act (PRA)?

Under the PRA, “’personal records’ means all documentary materials 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.”

[I saw arguments floating around that the PRA somehow overrides the Espionage Act/18 USC 793. That’s not the case; the PRA only allows presidents to identify documents as personal records that meet very specific criteria AND that has to be done before a president leaves office, not months or years later. If Trump had a memo about war planning prepared by Mark Milley, the PRA doesn’t allow him to retain possession of it, and 18 USC 793 applies. Trump can make claims about the PRA all day long on social media, but his attorneys will know better than to advance that theory in court. — Ed]