CREW and National Security Archive v. Trump and EOP

CREW and National Security Archive v. Trump and EOP
United States District Court for the District of Columbia
Full case name Citizens for Responsibility and Ethics in Washington and National Security Archive v. Donald J. Trump, in his official capacity as President of the United States of America and the Executive Office of the President
Date decided Pending (filed June 22, 2017)
Citations No. 1:17-cv-01228
Judge sitting Christopher R. Cooper
Counsel for plaintiff(s) George M. Clarke III
Mireille R. Oldak
Anne L. Weismann
Angela C. Vigil
Conor M. Shaw[1]
Plaintiff(s) Citizens for Responsibility and Ethics in Washington
National Security Archive
Defendant(s) Donald Trump in his capacity as President
Executive Office of the President

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 plaintiffs, the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) and the archivist National Security Archive, allege that the defendants, President Donald Trump and elements of the Executive Office of the President, are in violation of the Presidential Records Act by deleting electronic messages on Twitter and using other electronic messaging applications without required archival records.[2]

Although the defendants were served quickly,[3], because President Trump and the Executive Office of the President are being sued as elements of the United States government and by consent of the plaintiffs, no official action is required before October 6, 2017.[3][4]

Background

Citizens for Responsibility and Ethics in Washington (CREW) had previously filed an emoluments case against the president, CREW v. Trump, where they alleged the President had been in violation of the constitution since the inauguration. The National Security Archive 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.[1] 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.[5] 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:

This is a civil action for declaratory, injunctive, and mandamus relief brought under the Presidential Records Act, 44 U.S.C. §§ 2201–2209 (“PRA”); the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202; and Article II, Section 3 of the Constitution, which imposes on the President a duty to “take care that the laws be faithfully executed,” challenging actions of the President, his staff, and the Executive Office of the President (“EOP”) (collectively, the “Defendants”) that seek to evade transparency and government accountability.[6]

Specific Allegations

Latest developments and next steps

The Complaint was filed June 22, 2017.[6] An answer is not due until Oct 6, 2017.[9]

See also

References

  1. 1 2 Complaint, Docket 1, p. 38
  2. ↑ "CREW Sues President Trump over Presidential Records" (Press release). Citizens for Responsibility and Ethics in Washington. 2017-06-22. Retrieved 2017-06-24.
  3. 1 2 Summons, Docket 4, No. 1:17-cv-01228, D.D.C., Jun 22, 2017 Return of Service/Affidavit of Summons and Complaint Executed, Docket 7, No. 1:17-cv-01228, D.D.C., Jul 10, 2017 FRCP Rule 4(i)(2).
  4. ↑ FRCP Rule 12(a)(2). FRCP Rule 6(1)(C).
  5. ↑ Tweet dated 20 Jan 2017
  6. 1 2 Complaint, Docket 1, p. 1
  7. ↑ "Trump sued for deleting tweets and White House use of encrypted messaging apps". Newsweek. 2017-06-22.
  8. ↑ "Trump Sued by Watchdog Group Over Auto-Delete Messaging Apps". Bloomberg. 2017-06-22.
  9. ↑ "CIVIL DOCKET FOR CASE #: 1:17-cv-01228-CRC". PACER. Nov 2, 2015. Retrieved Aug 10, 2017.
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