Stoneage Ramblings

By John R. Stone

The Presidential Records Act was passed in 1978 to clarify who owned presidential records at the end of an administration. Up to that point presidents could keep letters, papers and other documents related to their presidencies.

Some turned records over to universities, some stuffed them in boxes never to be seen again, some sold items from their collections, a few set up libraries. That means that some documents were lost.

In 1955 the Presidential Libraries Act was passed. Franklin Roosevelt had donated part of his estate in New York for a library to be built there by donors to hold his papers. Harry Truman also set up a library. The libraries act basically says that if a president or group interested in that president builds a library and donates his papers the Federal government will maintain it. In changes since the act was passed National Archives also wants endowments attached to libraries to help provide funds for maintenance.

Watergate became a clarifying issue because after he resigned his presidency Richard Nixon wanted to destroy the famous tape recordings documenting White House activities. Congress then passed the Presidential Recordings and Materials Preservation Act which applied only to Nixon. It gave National Archives “complete possession and control” over the tapes

Nixon then sued the government for  $200 million in a suit that was not settled until long after his death for $18 million. He sued under the Fifth Amendment of the U.S. Constitution that says in part “nor shall private property be taken for public use without just compensation.”

The final settlement gave Nixon’s lawyers $7.4 million, according to FactCheck.org. Six million was set aside for Nixon’s library and taxes. Nixon’s two daughters eventually received a total of $90,000.

The Presidential Records Act says that the U.S. owns all presidential records and defines what it considers records. It also says that vice-presidential records are to be handled the same way as presidential records.

It further says that the president is responsible for custody and management of his or her records and that presidents are to keep personal records separate from presidential records. A president can dispose of some records but only after receiving written permission from the archivist of the United States.

Any records held by the president during his or her term may be held in courtesy storage by National Archives, in which case access to those records must be approved by the president.

The law also gives the president the right to limit public access to some records, access through Freedom of Information Act requests begins five years after a president leaves office and the president can order six special restrictions for up to 12 years.

Congress, courts and subsequent administrations can get access to documents that may be restricted to public access by following special procedures.

Further it says that electronic communication must not use non-official messaging accounts unless an official copies an official messaging account.

And it restricts access to original copies of documents to any individual who has been convicted of a crime related to the review, retention, removal or destruction of records.

Over the years we have visited six presidential libraries. President Eisenhower’s library is in Abilene, Kansas where he grew up and he and Mamie are buried on the site. President George W. Bush’s library is at Southern Methodist University in Dallas. The closest to us is probably the Herbert Hoover Library in West Branch, Iowa.

The libraries are quite interesting and worth a stop if you are near one.