CREW and National Security Archive v. Trump and EOP

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]

CREW and National Security Archive v. Trump and EOP
CourtUnited States District Court for the District of Columbia
Full case nameCitizens 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
DecidedPending (filed June 22, 2017)
DefendantDonald Trump in his capacity as President
Executive Office of the President
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
Citation(s)No. 1:17-cv-01228
Court membership
Judge(s) sittingChristopher R. Cooper

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.[3] 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.[4]

Specific allegations
  • Trump deleted tweets in violation of the Presidential Records Act of 1981.[5]
  • The White House used encrypted and auto-deleting messaging applications which CREW alleges interferes with other federal agencies from fulfilling their obligations.[6]

Latest developments and next steps

The Complaint was filed June 22, 2017.[4] An answer was not due until October 6, 2017, when the government filed a motion to dismiss.[7] On March 20, 2018, U.S. District Court Judge Christopher Cooper ruled in favor of the Department of Justice in dismissing the case.[8] The case is pending on appeal to the D.C. Circuit.[9]

See also

References
  1. Complaint, Docket 1, p. 38
  2. "CREW Sues President Trump over Presidential Records" (Press release). Citizens for Responsibility and Ethics in Washington. June 22, 2017. Retrieved June 24, 2017.
  3. Tweet dated 20 Jan 2017
  4. Complaint, Docket 1, p. 1
  5. "Trump sued for deleting tweets and White House use of encrypted messaging apps". Newsweek. June 22, 2017.
  6. "Trump Sued by Watchdog Group Over Auto-Delete Messaging Apps". Bloomberg. June 22, 2017.
  7. "CIVIL DOCKET FOR CASE #: 1:17-cv-01228-CRC". PACER. November 2, 2015. Retrieved August 10, 2017.
  8. Lima, Cristiano (March 20, 2018). "Judge dismisses lawsuit on Trump aides' use of encrypted apps". Politico. Retrieved June 14, 2018.
  9. "Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals." (PDF), CREW v. Trump (Court Filing), D.D.C., No. 1:17-cv-01228 (Docket 26), June 22, 2017, retrieved June 14, 2018 – via Recap
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