44 U.S.C. § 2202
Ownership of Presidential records
The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
Notes of Decisions
Cited in 18
cases (4 in the last 5 years), 1995–2024 · leading case: Knight First Amendment Inst. at Columbia Univ. v. Trump, 928 F.3d 226 (2d Cir. 2019).
Knight First Amendment Inst. at Columbia Univ. v. Trump, 928 F.3d 226 (2d Cir. 2019). “44 U.S.C. § 2202 . Under that Act, "Presidential records" include documentary materials created by the President "in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory or other official or ceremonial…”
Knight First Amendment Inst. At Columbia Univ. v. Trump, 302 F. Supp. 3d 541 (S.D. Ill. 2018). “¶ 40; see 44 U.S.C. § 2202 (directing the retention of "Presidential records"; id.”
Donald Trump v. Bennie Thompson, 20 F. 4th 10 (D.C. Cir. 2021). “” 44 U.S.C. § 2202 & note. The Act defines “Presidential records” as: [D]ocumentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President…”
Am. Historical Ass'n v. Peterson, 876 F. Supp. 1300 (D.D.C. 1995). “44 U.S.C. § 2202 . The statute directs the President to “take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are…”
Dunlap v. Presidential Advisory Comm'n on Election Integrity, 319 F. Supp. 3d 70 (D.C. Cir. 2018). “See TRO Ancillary Issue Reply at 4 (arguing that the United States' "complete ownership" of Presidential records requires that individual commissioners return their copies of such documents (citing *97 44 U.S.C. § 2202 (internal quotation marks and emphasis omitted) ) ).”
Doyle v. U.S. Dep't of Homeland Sec., 331 F. Supp. 3d 27 (S.D. Ill. 2018). “The PRA requires the United States to preserve "complete ownership, possession, and control of *48 Presidential records," 44 U.S.C. § 2202 , and it defines "Presidential records" to include documents "created or received by the President," his "immediate staff," or individuals…”
Citizens for Responsibility & Ethics in Wash. & Nat'l SEC. Archive v. Trump, 924 F.3d 602 (D.C. Cir. 2019). “Although the PRA makes clear that the United States "retain[s] complete ownership, possession, and control of Presidential records," 44 U.S.C. § 2202 , it also provides that the President, during his *604 term in office, shall assume "exclusive[ ] responsib[ility] for custody,…”
Cook v. Nat'l Archives & Records Admin., 758 F.3d 168 (2d Cir. 2014). “44 U.S.C. § 2202 ; see Nixon v. United States, 978 F.”
Pub. Citizen, Inc. v. Dep't of Just. & Nat'l Archives & Records Admin., 111 F.3d 168 (D.C. Cir. 1997). “44 U.S.C. § 2202 (1994). But the President plays a significant role even after he leaves office.”
Citizens for Responsibility & Ethics v. Cheney, 593 F. Supp. 2d 194 (D.D.C. 2009). “The Court finds that a phrase vesting ultimate ownership of Presidential records with the United States cannot be read to evince a Congressional intent to create private causes of action under the PRA.”
Am. Historical Ass'n v. Nat'l Archives & Records Admin., 516 F. Supp. 2d 90 (D.D.C. 2007). “” 44 U.S.C. § 2202 . The Act confers on the Archivist of the United States “responsibility for the custody, control, and preservation of, and access to, the Presidential records” generated during the outgoing president’s term or terms.”
Am. Historical Ass'n v. Nat'l Archives & Records Admin., 402 F. Supp. 2d 171 (D.D.C. 2005). “” 44 U.S.C. § 2202 . The Act confers on the Archivist of the United States “responsibility for the custody, control, and preservation of, and access to, the Presidential records” generated during the outgoing president’s term or terms.”
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