View source for CREW and National Security Archive v. Trump and EOP

{{Short description|Responsibility and Ethics in Washington (CREW)}}
{{Use mdy dates|date=June 2017}}
{{Infobox United States District Court case
| name               = CREW and National Security Archive v. Trump and EOP
| court              = [[United States District Court for the District of Columbia]]
| image              = Seal of the U.S. District Court for the District of Columbia.png
| full name          = Citizens for Responsibility and Ethics in Washington and National Security Archive  v. Donald J. Trump, in his official capacity as President of the United States of America and the Executive Office of the President
| judge                = [[Christopher R. Cooper]]
| plaintiff =  [[Citizens for Responsibility and Ethics in Washington]]<br>[[National Security Archive]]
| counsel for plaintiff= George M. Clarke III<br>Mireille R. Oldak<br>Anne L. Weismann<br>Angela C. Vigil<br>Conor M. Shaw<ref name="D1P38">[[#CITEREFDocket1|Complaint, Docket 1]], p. [https://archive.org/download/gov.uscourts.dcd.187444/gov.uscourts.dcd.187444.1.0.pdf#page=38 38]</ref>
| defendant = [[Donald Trump]] in his capacity as President<br>[[Executive Office of the President of the United States|Executive Office of the President]]
| date decided       = Pending (filed June 22, 2017)
| citations          = No. 1:17-cv-01228
}}
'''''Citizens for Responsibility and Ethics in Washington and National Security Archive v. Trump and EOP''''', No. 1:17-cv-01228 (D.D.C. 2017), is a case pending before the [[United States District Court for the District of Columbia]].  The plaintiffs, the watchdog group [[Citizens for Responsibility and Ethics in Washington]] (CREW) and the archivist [[National Security Archive]], allege that the defendants, [[President of the United States|President]] [[Donald Trump]] and elements of the  [[Executive Office of the President of the United States|Executive Office of the President]], are in violation of the [[Presidential Records Act]] by deleting electronic messages on Twitter and using other electronic messaging applications without required archival records.<ref name="CREW201706">{{cite press release|author=<!--Staff writer(s); no by-line.-->|url=https://www.citizensforethics.org/press-release/crew-sues-president-trump-presidential-records/|title=CREW Sues President Trump over Presidential Records|publisher=Citizens for Responsibility and Ethics in Washington|date=2017-06-22|access-date=2017-06-24}}</ref>
== Background ==
Citizens for Responsibility and Ethics in Washington (CREW) had previously filed an emoluments case against the president, ''[[CREW v. Trump]]'', where they alleged the President had been in violation of the constitution since the inauguration. The [[National Security Archive]] at [[George Washington University]] is a <!-- the largest --> repository of declassified U.S. documents outside of the federal government. CREW and the National Security Archive are represented in this suit by both CREW staff lawyers and external counsel from the multinational law firm [[Baker McKenzie]].<ref name="D1P38" /> The United States Department of Justice represents Trump.
President Trump had used Twitter as a communication medium during his campaign and during his tenure as president, including tweets on inauguration day.<ref name="DayOneTweet">[https://twitter.com/realDonaldTrump/status/822501939267141634 Tweet dated 20 Jan 2017]</ref>  CREW contends that deletion of tweets is the destruction of presidential records in violation of the Presidential Records Act of 1981.
According to the text of the complaint:
{{blockquote|This is a civil action for declaratory, injunctive, and mandamus relief brought under the Presidential Records Act, 44 U.S.C. §§ 2201–2209 (“PRA”); the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202; and Article II, Section 3 of the Constitution, which imposes on the President a duty to “take care that the laws be faithfully executed,” challenging actions of the President, his staff, and the Executive Office of the President (“EOP”) (collectively, the “Defendants”) that seek to evade transparency and government accountability.<ref name="D1P1">[[#CITEREFDocket1|Complaint, Docket 1]], p. [https://archive.org/download/gov.uscourts.dcd.187444/gov.uscourts.dcd.187444.1.0.pdf#page=1 1]</ref>}}
==Specific allegations==
* Trump deleted tweets in violation of the Presidential Records Act of 1981.<ref name="Trump sued for deleting tweets and White House use of encrypted messaging apps">{{cite web|url=http://www.newsweek.com/trump-lawsuit-watchdog-group-records-signal-confide-twitter-destroy-628281 |newspaper=Newsweek|date=2017-06-22|title=Trump sued for deleting tweets and White House use of encrypted messaging apps}}</ref>
* The White House used encrypted and auto-deleting messaging applications which CREW alleges interferes with other federal agencies from fulfilling their obligations.<ref name="Trump Sued by Watchdog Group Over Auto-Delete Messaging Apps">{{cite web|url=https://www.bloomberg.com/news/articles/2017-06-22/trump-sued-by-watchdog-group-to-preserve-white-house-records | date=2017-06-22 |newspaper=Bloomberg |title=Trump Sued by Watchdog Group Over Auto-Delete Messaging Apps}}</ref>
== Opinion ==
The District Court ruled in favor of the Trump Administration, stating that the plaintiffs had failed to a clear and indisputable harm that merited the requested writ of mandamus.<ref name = pacer170810>{{cite web| title=CIVIL DOCKET FOR CASE #: 1:17-cv-01228-CRC | url=https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?639858440398181-L_1_0-1 | date= Nov 2, 2015 | publisher= PACER | access-date=Aug 10, 2017}}</ref><ref name="Politico-dismissal">{{cite web| title=Judge dismisses lawsuit on Trump aides' use of encrypted apps |url=https://www.politico.com/story/2018/03/20/lawsuit-trump-encrypted-apps-475041 |date=March 20, 2018 |access-date=June 14, 2018 |last=Lima |first=Cristiano |website=Politico}}</ref> Thus, the case was dismissed and the administration was not required to restore the deleted communications. The plaintiffs appealed this decision,<ref name=pacer-appeal>{{cite Pacer |plaintiff=CREW |defendant=Trump |title=Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. |date=June 22, 2017 |case-division=1 |case-year=17 |case-type=cv |case-sequence=01228 |case-state=dc |doc-number=26 |recap-number=187444 |access-date=June 14, 2018}}</ref> but the [[United States Court of Appeals for the District of Columbia Circuit|Court of Appeals for the D.C. Circuit]] affirmed the district court's ruling.<ref>''Citizens for Responsibility v. Trump,'' [https://scholar.google.com/scholar_case?case=6061520791024743188&q=No.+1:17-cv-01228&hl=en&as_sdt=6,39 924 F.3d 602] (D.C. Cir., 2019).</ref>
==See also==
{{div col|colwidth=30em}}
* ''[[CREW v. Trump]]''
* ''[[D.C. and Maryland v. Trump]]''
* ''[[Blumenthal v. Trump]]''
* [[List of lawsuits involving Donald Trump]]
* [[Presidential Records Act]]
* [[Freedom of Information Act (United States)|Freedom of Information Act]]
{{div col end}}
==References==
{{Reflist|2}}
==External links==
* {{Citation| title    = Complaint, Docket 1| number  = 1:17-cv-01228| location = D.D.C.| date = Jun 22, 2017| url = https://archive.org/download/gov.uscourts.dcd.187444/gov.uscourts.dcd.187444.1.0.pdf| ref = CITEREFDocket1}}
* [https://s3.amazonaws.com/storage.citizensforethics.org/wp-content/uploads/2017/06/22122345/Complaint.pdf Copy of complaint filed in United States District Court] (PDF, 38 pages)
[[Category:United States District Court for the District of Columbia cases]]
[[Category:Donald Trump and social media]]
[[Category:Donald Trump litigation]]