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Archivist of the United States |
| May 26, 2022
The Honorable Donald J. Trump Dear President Trump: After consultation with the Counsel to the President and the Assistant Attorney General for the Office of Legal Counsel, and as instructed by President Biden, I have determined to disclose to the House Select Committee to Investigate the January 6th Attack on the United States Capitol (“Select Committee”) the Presidential records from our March 7, 2022, Notification that you identified as privileged in your letter of March 22, 2022, with the following limitations: As previously noted, the White House has reached an accommodation with the Select Committee to prioritize documents related to certain custodians, and NARA has determined that certain of these prioritized records are non-responsive; additionally, there are some records within the prioritized set as to which the White House has not yet completed its review. My staff will provide a complete list of the records subject to the prioritization agreement to your representatives, as well as nonresponsive records and records for which review is complete. Pursuant to President Biden’s subsequent instruction and my authority under 36 C.F.R. 1270.44(g), we will deliver the prioritized records for which review is complete and that are subject to your privilege claim to the Select Committee 15 days after this notification (which is June 10, 2022), unless prohibited by court order. Consistent with past practice, we will continue to produce to the Select Committee forthwith documents you did not identify, with particularity, as subject to an assertion of privilege in your March 22 letter. In appropriate circumstances, NARA may redact non-responsive content in otherwise responsive records. Sincerely,
DEBRA STEIDEL WALL |
