It’s astounding how easy it is for people to run around freely in this WH. If this was any other administration, trump supporters would be losing their minds and screaming for investigations.
Kelly came on board he told me she was a loser & nothing but problems. I told him to try working it out, if possible, because she only said GREAT things about me - until she got fired!
I mean, does he not realize how ridiculous this sounds. He didn’t tell Kelly to try and work it out because Omarosa was a hard worker, or brought value, or anything like that. He told Kelly to try and work it out because she was a sycophant.
Omarosa tapes are property of the US under 42 USC 2202, & there are criminal penalties for “whoever…steals, purloins, or knowingly converts to his use any record…or thing of value of the US…” 18 USC 641. Prosecution unlikely —but I’d still be resting uneasily if I were her.
No, this person is trying to make the argument that this is a “Presidential Record”. It’s a dumb argument as this would most certainly be “personal records”:
(2) The term “Presidential records” means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term—
(A) includes any documentary materials relating to the political activities of the President or members of the President’s staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but
(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) [1] of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.
(3) The term “personal records” means all documentary materials, or any reasonably segregable portion therof,[2] 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. Such term includes—
(A) 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;
(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and
(C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.
I can assure you that this is not on solid legal ground when you are recording federal officials acting on personnel matters and then proactively publishing through the media.