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OFFICE OF BARACK AND MICHELLE OBAMA

 

March 13, 2020

 

The Honorable David S. Ferriero

 

Archivist of the United States

 

National Archives and Records Administration

700 Avenue NW

 

Washington, DC 20408

 

Dear Mr. Ferriero:

 

1 write in connection with the November 21, 2019 request from Senator Johnson and Senator

Grassley to the National Archives and Records Administration (NARA) for Obama administration

records related to certain meetings connected to Ukraine.

 

As you know, under the Presidential Records Act, the records requested are scheduled for release

pursuant to terms set under that Act. NARA is authorized to provide special access to presidential records

to a Committee of either House of Congress before their scheduled release date, provided the information

in the records ?is needed for the conduct of its business? and ?is not otherwise available.? 44 U.S.C.

By law, both the former and incumbent Presidents are provided an opportunity to review the

documents and withhold documents from release in order to protect the constitutionally based interest in

the con?dentiality of presidential communications. The express terms of the Presidential Records Act,

together with the established norms governing its ongoing administration, achieve Congress? legislative

purpose of ensuring the public of ownership of presidential records while ?assiduously minimize[ing]

outside interference with the day-to-day operations of the President and his closest advisors. . .

v. Bush, 982 F.2d 38 (DC. Cir. 1991).

 

President Obama has consistently supported the nonpartisan administration of presidential records and the

commitment to transparency core to mission.' However, the current request is not a proper use

of the limited NARA exceptions. It arises out of efforts by some, actively supported by Russia, to shift

the blame for Russian interference in the 2016 election to Ukraine. See Fiona Hi1! HSPCI Testimony at

39-40 (?Based on questions I have heard, some of you on this committee appear to believe that Russia

and its security services did not conduct a campaign against our country and that, perhaps, somehow for

some reason Ukraine did. This is a fictional narrative that is being perpetrated and propagated by the

Russian security services themselves?); David Hale Senate Committee on Foreign Relations Testimony

of December 3, 2019 have seen no credible evidence about these allegations of Ukraine?).

 

The request for early release of presidential records in order to give credence to a Russian disinformation

campaign one that has already been thoroughly investigated by a bipartisan congressional committee

is without precedent. See Natasha Bertrand, Senate panel look into Ukraine interference comes up short,

 

 

Since 2017, the Of?ce of President Obama has produced 12,880 pages of presidential records in response to

special access requests from the White House and Congress.