Ferriero Response to January 31, 2022 Trump Privilege Letter 02-16-2022

by David S. Ferriero

Archivist of the United States

February 16, 2022

The Honorable Donald J. Trump

Dear President Trump:

After consultation with the Counsel to the President and the Assistant Attorney General for the Office of Legal Counsel, and as instructed by President Biden, I have determined to disclose to the House Select Committee to Investigate the January 6th Attack on the United States Capitol (“Select Committee”) the Presidential records from our January 14, 2022, Notification that you identified as privileged in your letter of January 31, 2022.

Pursuant to President Biden’s subsequent instruction and my authority under 36 C.F.R. 1270.44(g), I will deliver these documents to the Select Committee 15 days after this notification (which is March 3, 2022), unless prohibited by court order.

Production to the Select Committee of the records from the January 14, 2022, notification as to which privilege was not formally asserted in your January 31, 2022, letter is ongoing and will continue until complete. To ensure that Executive Branch interests are adequately protected, the Select Committee has agreed to treat entries associated with appointments designated as national-security sensitive (NSS) or otherwise-highly sensitive (OHS) as confidential and to refrain from sharing or discussing such entries outside the Select Committee without prior consultation. Moreover, to ensure that personal privacy information is not inadvertently disclosed, the Select Committee has agreed to accept production of these records with birthdates and social security numbers removed.

Sincerely

DAVID S. FERRIERO
Archivist of the United States

DAVID S. FERRIERO • t: 202.357.5900 • F: 202.357.5901 • david.ferrerio@nara.gov
National Archives and Records Administration • 700 Pennsylvania Avenue, NW • Wahsington, DC 20408 • www.archives.gov