‘This Is Insane’: Government Expert Blasts DOJ for Memo Blocking Biden From Viewing Trump Presidential Records

On January 15 the Dept. of Justice’s Office of Legal Counsel issued a little-noticed memo blocking the incoming Biden administration from viewing President Donald Trump’s presidential records that were stored on any White House computers. The OLC is the same office that wrote the infamous opinion claiming a sitting president cannot be charged with a crime.

During his presidency, Trump repeatedly declassified and released “hundreds” of records, or more, from the Obama administration in failed attempts to support his lies that his predecessor had his “wires tapped” – had “spied” on him. Some of those declassifications even “compromised national security.” Trump also infamously and dangerously shared national security secrets with, among others, a top Russian spy – who was visiting in the Oval Office.

It’s not surprising Trump would want to block any chance of Biden viewing records from his administration.

In September of 2019 a whistleblower’s charges that led to Trump’s first impeachment alleged White House aides transferred records from Trump’s “perfect” call with the Ukraine president to a secret classified White House server.

The OLC memo states all Trump administration records are legally under the control of the Archivist of the United States.

Government ethics expert Walter Shaub is now blasting that opinion, calling it “insane.”

This is insane. In the waning days of the Trump administration, DOJ’s Office of Legal Counsel decided once again to show it will say anything for a president. OLC is the “Mikey likes it” of government offices. In this episode, it said that Biden can’t see presidential records. https://t.co/uxcqn8TnKY

— Walter Shaub (@waltshaub) February 4, 2021

National Security Counselors, which is a group of national security attorneys, calls the OLC memo “balls to the wall bonkers.”

This opinion is balls to the wall bonkers. I for one would love to be in the room when the Archivist tells the President “oh rats, Mr. President, our policy is that OLC opinions are binding, there’s nothing to be done about it, sorry.”

— National Security Counselors (@NatlSecCnslrs) February 4, 2021

Just before President Joe Biden’s inauguration Business Insider DC bureau chief Darren Samuelsohn reported on the January 15 OLC memo.

“The Justice Department has quietly assured President Donald Trump’s lawyers that any presidential records left behind on hard drives in the White House will not become the property of the Biden administration,” he wrote on Twitter.