Ferriero Letter: Pence Vice-Presidential Records to the Jan. 6 Committee

DOCUMENTED

United States Capitol, west front. Architect of the Capitol. U.S. government work.

On February 1, 2022, David S. Ferriero signed a one-page letter to former President Donald J. Trump. NARA posted the PDF. The operative sentences are not a paraphrase:

“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.” David S. Ferriero, letter to President Trump, February 1, 2022

He said he would deliver the pages March 3, 2022, “unless prohibited by court order,” citing 36 C.F.R. 1270.44(g). The Washington Examiner reported the letter the same week. That is an official act. It is not a secret. It is also not a finding that anyone committed a crime. Privilege fights are litigated. This letter is what the Archivist wrote.

Sources

David S. Ferriero to President Trump, February 1, 2022. archives.gov PDF

Washington Examiner. National Archives tells Trump of plan to give Pence records to Jan. 6 committee. washingtonexaminer.com

Opinion

The following is commentary by this site. It is not a finding of fact and not a legal conclusion.

Compiler take

Biden instructed. Ferriero signed. Pence records to a House select committee. The Archivist of the United States is supposed to be a referee. This letter reads like a player.