What this effectively means is that there are substantial discrepancies between what the Archives has told Congress and what appears in its internal communications. For example, Acting Archivist Debra Wall told Rep. Mike Turner (R-OH) on August 16, 2022, that NARA “had not been involved in the DOJ investigation or any searches that it has conducted.”

This stunning revelation suggests that NARA was misleading Congress about the White House’s role in the shocking raid of President Trump’s home, and the fact that the Biden White House was acting “on behalf of” the DOJ raises significant legal concerns.

The special access statute authorizes special access requests to an incumbent president only when the records in question are needed for “the conduct of current business” of the White House. Providing documents to the DOJ for purposes of a criminal investigation is not the “current business” of the White House.