Attachment A 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 1 of 18
2 

'~ 

NATIONAL 

ARCHIVES 

Archivist of the 

United States 

February 18, 2022 

The Honorable Carolyn B. Maloney 

Chairwoman 

Committee on Oversight and Reform 

U.S. House of Representatives 

2157 Rayburn House Office Building 

Washington, DC 20514 

Dear Madam Chairwoman: 

I write in response to your letter of February 9, 2022, in which you asked a number of 

questions relating to "the 15 boxes of presidential records that the National Archives 

and Records Administration (NARA) recently recovered from former President Trump's 

Mar-a-Lago residence." Please see our responses to each of your questions: 

1. Did NARA ask the representatives of former President Trump about missing records 

prior to the 15 boxes being identified? If so, what information was provided in 

response? 

Answer: NARA had ongoing communications with the representatives of former 

President Trump throughout 2021, which resulted in the transfer of 15 boxes to 

NARA in January 2022. 

2. Has NARA conducted an inventory of the contents of the boxes recovered from 

Mar-a-Lago? 

Answer: NARA is in the process of inventorying the contents of the boxes. 

3. Please provide a detailed description of the contents of the recovered boxes, 

including any inventory prepared by NARA of the contents of the boxes. If an inventory 

has not yet been completed, please provide an estimate of when such an inventory will 

be completed. 

Answer: NARA staff are in the process of inventorying the contents of the boxes, 

which we expect to complete by February 25. Because the records in the boxes 

are subject to the Presidential Records Act (PRA), any request for information 

regarding the content of the records will need to be made in accordance with 

section 2205(2)(() of the PRA. 

DAVIDS. FERRIERO , T: 202.357.5900 , F: 202 .357.5901 , david.ferriero@nara .gov 

National Archives and Records Administration , 700 Pennsylvania Avenue, NW , Washington, DC 20408 , www.archives.gov 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 2 of 18
4. Are the contents of the boxes of records recovered by NARA undergoing a review to 

determine if they contain classified information? If so, who is conducting that review 

and has any classified information been found? 

Answer: NARA has identified items marked as classified national security 

information within the boxes. 

5. Is NARA aware of any additional presidential records from the Trump Administration 

that may be missing or not yet in NARA's possession? 

Answer: NARA has identified certain social media records that were not captured 

and preserved by the Trump Administration. NARA has also learned that some 

White House staff conducted official business using non-official electronic 

messaging accounts that were not copied or forwarded into their official 

electronic messaging accounts, as required by section 2209 of the PRA. NARA 

has already obtained or is in the process of obtaining some of those records. 

6. What efforts has NARA taken, and is NARA taking, to ensure that any additional 

records that have not been turned over to NARA are not lost or destroyed? 

Answer: NARA has asked the representatives of former President Trump to 

continue to search for any additional Presidential records that have not been 

transferred to NARA, as required by the Presidential Records Act. 

7. Has the Archivist notified the Attorney General that former President Trump removed 

presidential records from the White House? If not, why not? 

Answer: Because NARA identified classified information in the boxes, NARA staff 

has been in communication with the Department of Justice. 

8. Is NARA aware of presidential records that President Trump destroyed or attempted 

to dest'roy without the approval of NARA? If so, please provide a detailed description of 

such records, the actions taken by President Trump to destroy or attempt to destroy 

them, and any actions NARA has taken to recover or preserve these documents. 

Answer: In June 2018, NARA learned from a press report in Politico that textual 

Presidential records were being torn up by former President Trump and that 

White House staff were attempting to tape them back together. NARA sent a 

letter to the Deputy Counsel to the President asking for information about the 

extent of the problem and how it is being addressed. The White House Counsel's 

Office indicated that they would address the matter. After the end of the Trump 

Administration, NARA learned that additional paper records that had been torn 

up by former President Trump were included in the records transferred to us. 

Although White House staff during the Trump Administration recovered and 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 3 of 18
taped together some of the torn-up records, a number of other torn-up records 

that were transferred had not been reconstructed by the White House. 

Sincerely, 

DAVIDS. FERRIERO 

Archivist of the United States 

cc: The Honorable James Comer, Ranking Member 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 4 of 18
Attachlllent B 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 5 of 18
~ 

NATIONAL 

ARCHIVES 

May 10, 2022 

Archivist of the 

United States 

Evan Corcoran 

Silverman Thompson 

400 East Pratt Street 

Suite 900 

Baltimore, MD 21202 

By Email 

Dear Mr. Corcoran: 

I write in response to your letters of April 29, 2022, and May 1, 2022, requesting that the 

National Archives and Records Administration (NARA) further delay the disclosure to the 

Federal Bureau oflnvestigation (FBI) of the records that were the subject of our April 12, 2022 

notification to an authorized representative of former President Trump. 

As you are no doubt aware, NARA had ongoing communications with the former President's 

representatives throughout 2021 about what appeared to be missing Presidential records, which 

resulted in the transfer of 15 boxes of records to NARA in January 2022. In its initial review of 

materials within those boxes, NARA identified items marked as classified national security 

information, up to the level of Top Secret and including Sensitive Compartmented Information 

and Special Access Program materials. NARA informed the Department of Justice about that 

discovery, which prompted the Department to ask the President to request that NARA provide 

the FBI with access to the boxes at issue so that the FBI and others in the Intelligence 

Community could examine them. On April 11 , 2022, the White House Counsel's 

Office-affirming a request from the Department of Justice supported by an FBI letterhead 

memorandum-formally transmitted a request that NARA provide the FBI access to the 15 

boxes for its review within seven days, with the possibility that the FBI might request copies of 

specific documents following its review of the boxes. 

Although the Presidential Records Act (PRA) generally restricts access to Presidential records in 

NARA's custody for several years after the conclusion of a President's tenure in office, the 

statute further provides that, "subject to any rights, defenses, or privileges which the United 

States or any agency or person may invoke," such records "shall be made available ... to an 

incumbent President if such records contain information that is needed for the conduct of current 

business of the incumbent President's office and that is not otherwise available." 44 U.S.C. § 

Debra Steidel Wall , T : 202.357. 5900 , F: 202.357.5901 , debra.wall@nara.gov 

National Archives and Records Administration , 8601 Adelphi Road , College Park, MD 20740 , www.archives.gov 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 6 of 18
2205(2)(B). Those conditions are satisfied here. As the Department of Justice's National Security 

Division explained to you on April 29, 2022: 

There are important national security interests in the FBI and others in the Intelligence 

Community getting access to these materials. According to NARA, among the materials 

in the boxes are over l 00 documents with classification markings, comprising more than 

700 pages. Some include the highest levels of classification, including Special Access 

Program (SAP) materials. Access to the materials is not only necessary for purposes of 

our ongoing criminal investigation, but the Executive Branch must also conduct an 

assessment of the potential damage resulting from the apparent manner in which these 

materials were stored and transpotted and take any necessary remedial steps. 

Accordingly, we are seeking immediate access to these materials so as to facilitate the 

necessary assessments that need to be conducted within the Executive Branch. 

We advised you in writing on April 12 that, "in light of the urgency of this request," we planned 

to "prov id[ e] access to the FBI next week," i.e., the week of April 18. See Exec. Order No. 

13,489, § 2(b ), 74 Fed. Reg. 4,669 (Jan. 21 , 2009) (providing a 30-day default before disclosure 

but authorizing the Archivist to specify "a shorter period of time" if " required under the 

circumstances"); accord 36 C.F.R. § 1270.44(g) ("The Archivist may adjust any time period or 

deadline under this subpart, as appropriate, to accommodate records requested under this 

section."). In response to a request from another representative of the fonner President, the 

White House Counsel's Office acquiesced in an extension of the production date to April 29, and 

so advised NARA. In accord with that agreement, we had not yet provided the FBI with access 

to the records when we received your letter on April 29, and we have continued to refrain from 

providing such access to date. 

It has now been four weeks since we first informed you of our intent to provide the FBI access to 

the boxes so that it and others in the Intelligence Community can conduct their reviews. 

Notwithstanding the urgency conveyed by the Department of Justice and the reasonable 

extension afforded to the former President, your April 29 letter asks for additional time for you to 

review the materials in the boxes " in order to ascertain whether any specific document is subject 

to privilege," and then to consult with the former President "so that he may personally make any 

decision to assert a claim of constitutionally based privilege." Your April 29 letter further states 

that in the event we do not afford you fmther time to review the records before NARA discloses 

them in response to the request, we should consider your letter to be "a protective assertion of 

executive privilege made by counsel for the former President." 

The Counsel to the President has informed me that, in light of the particular circumstances 

presented here, President Biden defers to my determination, in consultation with the Assistant 

Attorney General for the Office of Legal Counsel, regarding whether or not I should uphold the 

former President's purported "protective asse1tion of executive privilege." See 36 C.F.R. § 

l 270.44(f)(3). Accordingly, I have consulted with the Assistant Attorney General for the Office 

of Legal Counsel to inform my "determination as to whether to honor the former President's 

claim of privilege or instead to disclose the Presidential records notwithstanding the claim of 

privilege." Exec. Order No. 13,489, § 4(a). 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 7 of 18
The Assistant Attorney General has advised me that there is no precedent for an assertion of 

executive privilege by a former President against an incumbent President to prevent the latter 

from obtaining from NARA Presidential records belonging to the Federal Government where 

"such records contain information that is needed for the conduct of current business of the 

incumbent President's office and that is not otherwise available." 44 U.S.C. § 2205(2)(B). 

To the contrary, the Supreme Court's decision in Nixon v. Administrator of General Services, 433 

U.S. 425 (1977), strongly suggests that a former President may not successfully assert executive 

privilege "against the very Executive Branch in whose name the privilege is invoked." Id. at 

447-48. In Nixon v. GSA, the Court rejected former President Nixon's argument that a statute 

requiring that Presidential records from his term in office be maintained in the custody of, and 

screened by, NARA's predecessor agency-a "very limited intrusion by personnel in the 

Executive Branch sensitive to executive concerns"-would "impermissibly interfere with candid 

communication of views by Presidential advisers." Id. at 451 ; see also id. at 455 (rejecting the 

claim). The Court specifically noted that an "incumbent President should not be dependent on 

happenstance or the whim of a prior President when he seeks access to records of past decisions 

that define or channel current governmental obligations." Id. at 452; see also id. at 441-46 

( emphasizing, in the course of rejecting a separation-of-powers challenge to a provision of a 

federal statute governing the disposition of former President Nixon 's tape recordings, papers, and 

other historical materials "within the Executive Branch," where the "employees of that branch 

[would] have access to the materials only 'for lawful Government use," ' that "[t]he Executive 

Branch remains in full control of the Presidential materials, and the Act facially is designed to 

ensure that the materials can be released only when release is not barred by some applicable 

privilege inherent in that branch"; and concluding that "nothing contained in the Act renders it 

unduly disruptive of the Executive Branch"). 

It is not necessary that I decide whether there might be any circumstances in which a former 

President could successfully assert a claim of executive privilege to prevent an Executive Branch 

agency from having access to Presidential records for the performance of valid executive 

functions. The question in this case is not a close one. The Executive Branch here is seeking 

access to records belonging to, and in the custody of, the Federal Government itself, not only in 

order to investigate whether those records were handled in an unlawful manner but also, as the 

National Security Division explained, to "conduct an assessment of the potential damage 

resulting from the apparent manner in which these materials were stored and transported and take 

any necessary remedial steps." These reviews will be conducted by current government 

personnel who, like the archival officials in Nixon v. GSA, are "sensitive to executive concerns." 

Id. at 451. And on the other side of the balance, there is no reason to believe such reviews could 

"adversely affect the ability of future Presidents to obtain the candid advice necessary for 

effective decisionmaking." Id. at 450. To the contrary: Ensuring that classified information is 

appropriately protected, and taking any necessary remedial action if it was not, are steps essential 

to preserving the ability of future Presidents to "receive the full and frank submissions of facts 

and opinions upon which effective discharge of [their] duties depends." Id. at 449. 

Because an assertion of executive privilege against the incumbent President under these 

circumstances would not be viable, it follows that there is no basis for the former President to 

make a "protective assertion of executive privilege," which the Assistant Attorney General 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 8 of 18
informs me has never been made outside the context of a congressional demand for information 

from the Executive Branch. Even assuming for the sake of argument that a former President may 

under some circumstances make such a "protective assertion of executive privilege" to preclude 

the Archivist from complying with a disclosure otherwise prescribed by 44 U.S.C. § 2205(2), 

there is no predicate for such a "protective" assertion here, where there is no realistic basis that 

the requested delay would result in a viable assertion of executive privilege against the 

incumbent President that would prevent disclosure of records for the purposes of the reviews 

described above. Accordingly, the only end that would be served by upholding the "protective" 

assertion here would be to delay those very important reviews. 

I have therefore decided not to honor the former President's "protective" claim of privilege. See 

Exec. Order No. 13,489, § 4(a); see also 36 C.F.R. 1270.44(f)(3) (providing that unless the 

incumbent President "uphold[s]" the claim asserted by the former President, "the Archivist 

discloses the Presidential record"). For the same reasons, I have concluded that there is no reason 

to grant your request for a further delay before the FBI and others in the Intelligence Community 

begin their reviews. Accordingly, NARA will provide the FBI access to the records in question , 

as requested by the incumbent President, beginning as early as Thursday, May 12, 2022. 

Please note that, in accordance with the PRA, 44 U.S.C. § 2205(3), the former President's 

designated representatives can review the records, subject to obtaining the appropriate level of 

security clearance. Please contact my General Counsel, Gary M. Stern, if you would like to 

discuss the details of such a review, such as you proposed in your letter of May 5, 2022, 

particularly with respect to any unclassified materials. 

Sincerely, 

DEBRA STEIDEL WALL 

Acting Archivist of the United States 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 9 of 18
Attachn1ent C 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 10 of 18
AO 110 (Rev. 06/09) Subpoena to Testify Before a Grand Jury 

UNITED STATES DISTRICT COURT 

for the 

District of Columbia 

SUBPOENA TO TESTIFY BEFORE A GRAND JURY 

To: Custodian of Records 

The Office of Donald J. Trump 

1100 South Ocean Blvd. 

Palm Beach, FL 33480 

YOU ARE COMMANDED to appear in this United States district court at the time, date, and place shown 

below to testify before the comt's grand jury. When you arrive, you must remain at the court until the judge or a court 

officer allows you to leave. 

Place: U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 

U.S. Courthouse, 3rd Floor Grand Jury #2 1-09 

333 Constitution A venue, N. W. 

Washington, D.C. 20001 

Date and Time: 

May 24, 2022 

9:00 a.m. 

You must also bring with you the following documents, electronically stored infonnation, or objects: 

Any and all documents or writings in the custody or control of Donald J. Trump and/or the Office of 

Donald J. Trump bearing classification markings, including but not limited to the following: Top Secret, 

Secret, Confidential, Top Secret/SI-G/NOFORN/ORCON, Top Secret/SI-G/NOFORN, Top Secret/HCS0/NOFORN/ORCON, Top Secret/HCS-0/NOFORN, Top Secret/HCS-P/NOFORN/ORCON, Top 

Secret/HCS-P/NOFORN, Top Secret/TK/NOFORN/ORCON, Top Secret/TK/NOFORN, 1-

Secret/NOFORN, Confidential/NOFORN, TS, TS/SAP, TS/SI-G/NF/OC, TS/SI-G/NF, TS/HCS0/NF/OC, TS/HCS-0/NF, TS/HCS-P/NF/OC, TS/HCS-P/NF, TS/HCS-P/SI-G, TS/HCS-P/SI/TK, 

TS/TK/NF/OC, TS/TK/NF, S/NF, S/FRD, S/NATO, S/SI, C, and C/NF. 

Date: May 11, 2022 

The name, address, telephone number and email of the prosecutor who requests this subpoena are: 

Jay I. Bratt . Subpoena #GJ2022042790054 

950 Pennsyl , NW 

Washington 

· · ·.gov 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 11 of 18
CO 293 (Rev. 8/91) Subpoena to Testify Before Grand Jury 

RETURN OF SERVICE c1i 

RECEIVED BY DATE PLACE 

SERVER 

SERVED 

DATE PLACE 

SERVED ON (PRINT NAME) 

SERVED BY (PRINT NAME) I TITLE 

STATEMENT OF SERVICE FEES 

TRAVEL SERVICES TOTAL 

DECLARATION OF SERVER <2> 

I declare under penalty of perjury under the laws of the United States of America that the foregoing information 

contained in the Return of Service and Statement of Service Fees is true and correct. 

Executed on 

Date 

Signature of Server 

Address of Server 

ADDITIONAL INFORMATION 

1,,As to who may serve a subpoena and the manner of its service see Rule 17(d), Federal Rules of Criminal Procedure, or Rule 45{c), 

Federal Rules of Civil Procedure. 

m "Fees and mileage need not be tendered to the witness upon service of a subpoena issued on behalf of the United States or an 

officer or agency thereof {Rule 45(c), Federal rules of Civil Procedure; Rule 17(d), Federal Rules of Criminal Procedure) or on behalf 

of 

certain indigent parties and criminal defendants who are unable to pay such costs (28 USC 1825, Rule 17(b) Federal Rules of 

Criminal Procedure)". 

Subpoena #GJ2022042790054 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 12 of 18
Attachm.ent D 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 13 of 18
Co1111teri111el/ige11ce and Export Co111rol Section 

M. Evan Corcoran, Esq. 

Silverman Thompson 

400 East Pratt Street - Suite 900 

Baltimore, Maryland 21202 

Re: Grand Jury Subp,oena 

Dear Mr. Corcoran: 

U.S. Department of Justice 

National Security Division 

Washington, D.C. 20530 

May 11, 2022 

Thank you for agreeing to accept service of the grand jury subpoena on behalf of the 

custodian ofrecords for the Office of Donald J. Trump. 

As we discussed, in lieu of personally appearing on May 24, the custodian may comply 

with the subpoena by providing any responsive documents to the FBI at the place of their 

location. The FBI will ensure that the agents retrieving the documents have the proper 

clearances and will handle the materials in the appropriate manner. The custodian would also 

provide a sworn certification that the documents represent all responsive records. If there are no 

responsive documents, the custodian would provide a sworn certification to that effect. 

Thank you again for your cooperation. 

v°JfjiJ:_ 

0U%< 

Chief 

Counterintelligence and Export Control Section 

jav.bratt2@,usdoj.gov 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 14 of 18
Attachm.ent E 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 15 of 18
CERTIFICATION 

I hereby certify as follows: 

1. I have been designated to serve as Custodian of Records for The Office of Donald J. 

Trwnp, for purposes of the testimony and documents subject to subpoena 

#GJ20222042790054. 

2. I understand that this certification is made to comply with the subpoena, in lieu of a 

personal appearance and testimony. 

3. Based upon the information that has been provided to me, I am authorized to certify, on 

behalf of the Office of Donald J. Trump, the following: 

a. A diligent search was conducted of the boxes that were moved from the White 

House to Florida; 

b. This search was conducted after receipt of the subpoena, in order to locate any 

and all documents that are responsive to the subpoena; 

c. Any and all responsive docwnents accompany this certification; and 

d. No copy, written notation, or reproduction of any kind was retained as to any 

resppnsive document. 

I swear or affirm that the above statements are true and correct to the best of my knowledge. 

Dated: June 3, 2022 

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 16 of 18
Attachment F

Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 17 of 18
Case 9:22-cv-81294-AMC Document 48-1 Entered on FLSD Docket 08/30/2022 Page 18 of 18