David S. Ferriero

President Barack Obama nominated David S. Ferriero to be Archivist of the United States on July 28, 2009. The Senate Committee on Homeland Security and Governmental Affairs held a nomination hearing on October 1, 2009; Congress.gov hosts the printed hearing (CHRG-111shrg53846). The Senate confirmed him on November 6, 2009. NARA press release 2010-75 (the archives.gov release page is dated Friday, November 6, 2009, despite the 2010 number) lists prior roles (MIT libraries; Duke University Librarian / Vice Provost 1996–2004; Andrew W. Mellon Director, NYPL from 2004). NARA’s official history page states he served as the 10th Archivist from November 13, 2009, to April 30, 2022. Confirmation and tenure are not a crime. A second David Ferriero (insurance) exists; this file is the federal Archivist locked by NARA/LOC.

Senate-confirmed agency head. Holdover through the Trump presidency is a date fact on the NARA page — not a statute and not an invented motive.

NARA’s Ferriero history page states that in August 2012, under his leadership, NARA and OMB “produced the Managing Government Records Directive to modernize and improve federal records management practices.” The directive itself is OMB/NARA memorandum M-12-18, dated August 24, 2012 (PDF on archives.gov). It is a government directive on electronic records and agency schedules — not an accusation and not a court finding. It is in this file because the same Archivist later administered Presidential Records Act disputes involving a former president he did not serve as a political appointee of.

Agency management directive during his tenure. Not upgraded to a personal criminal act.

On June 24, 2014, Archivist David Ferriero testified before the House Committee on Oversight and Government Reform in the hearing printed as IRS Obstruction: Lois Lerner’s Missing Emails, Part II. GovInfo hosts the transcript. Federal agencies are required to notify the Archivist of unauthorized destruction or loss of federal records. Ferriero’s testimony, as carried in preferred-outlet reporting and the hearing print, stated that the IRS did not report the 2011 loss of Lois Lerner emails to NARA as required, and that NARA learned from a June 2014 IRS letter to senators / public reporting. Testimony that an agency failed a notification duty is not a personal criminal conviction of Ferriero and not a finding that he destroyed disks. See also richardpilger.com for DOJ Election Crimes / Lerner email adjacency on a different official.

Archivist’s congressional testimony about IRS notification failure. Fox/Examiner headlines are reporting on that testimony — not a substitute for the GovInfo print.

In 2015, Senator Chuck Grassley wrote the Archivist about Hillary Clinton’s private email server and missing federal records. Grassley’s October 22, 2015 follow-up asked whether DOJ had initiated a recovery action and, if not, why NARA had not requested one under 44 U.S.C. § 3106. Ferriero’s November 6, 2015 response is a primary PDF on archives.gov. He wrote that State and Justice were already engaged, and: “in light of the ongoing activities, reviews, inquiries, and litigation described above, in which the Department of Justice reportedly is actively involved, we do not believe that it is appropriate or necessary at this time for NARA to request that the Attorney General initiate an action.” That sentence is his. It is not an indictment of Clinton. It is not an indictment of Ferriero. It is what he told Grassley he would not do.

Primary letter declining a formal § 3106 request “at this time.” Fox later juxtaposed this letter with the 2022 Maloney DOJ-contact sentence. That juxtaposition is commentary (see Claims) unless the reader treats both PDFs as the comparison.

On February 7, 2022, NARA stated that in mid-January 2022 it arranged transport from the Trump Mar-a-Lago property of 15 boxes containing presidential records after 2021 discussions with Trump representatives, and that those records should have transferred at the end of the administration in January 2021. The statement quoted Archivist Ferriero on the Presidential Records Act (“Records matter”). On February 18, 2022, Ferriero answered Chairwoman Carolyn B. Maloney of House Oversight. The signed PDF on archives.gov concerns the same 15 boxes. Documented answers include: NARA identified items marked as classified national security information within the boxes; and, on whether the Archivist had notified the Attorney General: “Because NARA identified classified information in the boxes, NARA staff has been in communication with the Department of Justice.” A staff contact is not an indictment. A classified marking is not a conviction. The letter is primary.

Agency statement + congressional letter while he still held the office. Not a jury verdict that a statute was violated. Fox later treated the DOJ-communication sentence as the probe’s public trigger — that is reporting, not a substitute for the PDF.

On February 1, 2022, David S. Ferriero signed a one-page letter to former President Donald J. Trump. NARA posted the PDF. Operative language: “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 Vice Presidential records from our December 8, 2021, Notification that you identified as privileged in your letter of January 18, 2022.” He said he would deliver the pages March 3, 2022, “unless prohibited by court order,” citing 36 C.F.R. 1270.44(g). Privilege fights are litigated. This letter is what the Archivist wrote. It is not a finding that anyone committed a crime.

NARA’s official history: Ferriero retired as Archivist on April 30, 2022. On April 29, 2022, National Archives News published “Archivist of the United States David S. Ferriero Reflects on His Tenure Upon Retirement,” stating he had led the agency 12 years and that April 30 was his last day. Deputy Archivist Debra Steidel Wall became acting Archivist. Those are quoted public remarks — not a personnel crime. The boxes / DOJ file did not retire with him; Wall signed later PRA correspondence.

• Grassley (2015): declined formal AG action “at this time” while DOJ was “reportedly” involved — NARA PDF.
• PRA / boxes (2022): “The Presidential Records Act is critical to our democracy… Records matter.” — NARA February statement quoting Ferriero.
• Maloney (2022): classified markings identified; “NARA staff has been in communication with the Department of Justice.” — NARA PDF.
• Pence letter (2022): disclosure “as instructed by President Biden.” — NARA PDF.