2205(2)(B). Those circumstances are glad right here. As the Department of Justice’s National Security Division defined to you on April 29, 2022:
There are necessary nationwide safety pursuits within the FBI and others within the Intelligence Community getting entry to these supplies. According to NARA, among the many supplies within the bins are over 100 paperwork with classification markings, comprising greater than 700 pages. Some embrace the very best ranges of classification, together with Special Access Program (SAP) supplies. Access to the supplies just isn’t solely needed for functions of our ongoing prison investigation, however the Executive Branch should additionally conduct an evaluation of the potential harm ensuing from the obvious method wherein these supplies had been saved and transported and take any needed remedial steps. Accordingly, we’re searching for rapid entry to these supplies in order to facilitate the required assessments that want to be performed throughout the Executive Branch.
We suggested you in writing on April 12 that, “in light of the urgency of this request,” we deliberate to “provid[e] access to the FBI next week,” i.e., the week of April 18. See Exec. Order No. 13,489, § 2(b), 74 Fed. Reg. 4,669 (Jan. 21, 2009) (offering a 30-day default earlier than disclosure however authorizing the Archivist to specify “a shorter period of time” if“required under the circumstances”); accord 36 C.F.R. § 1270.44(g) (“The Archivist may adjust any time period or deadline under this subpart, as appropriate, to accommodate records requested under this section.”). In response to a request from one other consultant of the previous President, the White House Counsel’s Office acquiesced in an extension of the manufacturing date to April 29, and so suggested NARA. In accord with that settlement, we had not but offered the FBI with entry to the data once we acquired your letter on April 29, and we have now continued to chorus from offering such entry to date.
It has now been 4 weeks since we first knowledgeable you of our intent to present the FBI entry to the bins in order that it and others within the Intelligence Community can conduct their evaluations. Notwithstanding the urgency conveyed by the Department of Justice and the cheap extension afforded to the previous President, your April 29 letter asks for added time for you to evaluation the supplies within the bins “in order to ascertain whether any specific document is subject to privilege,” after which to seek the advice of with the previous President “so that he may personally make any decision to assert a claim of constitutionally based privilege.” Your April 29 letter additional states that within the occasion we don’t afford you additional time to evaluation the data earlier than NARA discloses them in response to the request, we should always take into account your letter to be “a protective assertion of executive privilege made by counsel for the former President.”
The Counsel to the President has knowledgeable me that, in gentle of the actual circumstances introduced right here, President Biden defers to my dedication, in session with the Assistant Attorney General for the Office of Legal Counsel, concerning whether or not or not I ought to uphold the previous President’s purported “protective assertion of executive privilege.” See 36 C.F.R. S 1270.44(f)(3). Accordingly, I’ve consulted with the Assistant Attorney General for the Office of Legal Counsel to inform my “determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege.” Exec. Order No. 13,489, § 4(a).