1 00:00:00,080 --> 00:00:03,680 Speaker 1: President Trump has ended weeks of speculation about whether he 2 00:00:03,800 --> 00:00:08,840 Speaker 1: has recordings of his conversations with former FBI director James Comey. 3 00:00:08,880 --> 00:00:12,440 Speaker 1: About five minutes ago, the President treated tweeted that he 4 00:00:12,480 --> 00:00:15,560 Speaker 1: had no idea whether there are tapes or recordings of 5 00:00:15,560 --> 00:00:19,800 Speaker 1: my conversations with James Comey, but quote but I did 6 00:00:19,800 --> 00:00:23,480 Speaker 1: not make and do not have any such recordings. Again, 7 00:00:23,600 --> 00:00:26,760 Speaker 1: President Trump tweeting that he has no idea if there 8 00:00:26,760 --> 00:00:30,160 Speaker 1: are Comy tapes or recordings, but he did not make any. 9 00:00:30,320 --> 00:00:32,879 Speaker 1: There's a new lawsuit against Trump over his staff not 10 00:00:33,040 --> 00:00:36,599 Speaker 1: saving other kinds of records. A watchdog group says that 11 00:00:36,640 --> 00:00:40,640 Speaker 1: Trump and his staff are using messaging applications that automatically 12 00:00:40,680 --> 00:00:43,440 Speaker 1: delete the contents as soon as they're read, and the 13 00:00:43,479 --> 00:00:47,320 Speaker 1: Citizens for Responsibility and Ethics or Crew want a court 14 00:00:47,320 --> 00:00:50,639 Speaker 1: to order the administration to comply with federal record retention 15 00:00:50,720 --> 00:00:53,880 Speaker 1: laws and save those joining me as Bloomberg News reporter 16 00:00:54,040 --> 00:00:58,200 Speaker 1: Andrew Harris, Andrew, what does federal law require as far 17 00:00:58,280 --> 00:01:02,040 Speaker 1: as emails and texts? So the presidents Well, this is 18 00:01:02,160 --> 00:01:05,080 Speaker 1: in part an outgrowth of Watergate. We've heard Watergate talked 19 00:01:05,080 --> 00:01:08,360 Speaker 1: about a lot in the context of the Trump presidency, 20 00:01:08,520 --> 00:01:10,520 Speaker 1: but one of the things that it gave birth to 21 00:01:10,959 --> 00:01:14,360 Speaker 1: is the Presidential Records Act, which requires retention to records 22 00:01:14,360 --> 00:01:18,440 Speaker 1: at least as long as the president deems that they're necessary. 23 00:01:18,520 --> 00:01:20,400 Speaker 1: But before they can be the leaded, they have to 24 00:01:20,440 --> 00:01:24,520 Speaker 1: ask an archivist if they can be deleted. Um. So 25 00:01:25,640 --> 00:01:28,440 Speaker 1: the use of an email app or an email like 26 00:01:28,600 --> 00:01:32,360 Speaker 1: app that automatically erases messages after they've been read, uh, 27 00:01:32,480 --> 00:01:37,319 Speaker 1: if true, would fly in the face of those rules. Now, 28 00:01:37,480 --> 00:01:43,119 Speaker 1: how does Crew know or suspect that these are being deleted? Well, 29 00:01:43,160 --> 00:01:46,520 Speaker 1: that's a fair question, and even Crew concedes that they 30 00:01:46,560 --> 00:01:49,760 Speaker 1: are going off of press reports from the Washington Post 31 00:01:50,320 --> 00:01:53,840 Speaker 1: and the Wall Street Journal asserting uh that sources say 32 00:01:53,880 --> 00:01:58,120 Speaker 1: that White House staffers are using these apps. Which apps 33 00:01:58,160 --> 00:02:01,760 Speaker 1: are they allegedly using? One of them is called Confide, 34 00:02:01,800 --> 00:02:05,880 Speaker 1: which apparently boasts that if you wave your finger across 35 00:02:05,920 --> 00:02:09,079 Speaker 1: the text, it magically evaporates, and another one that's more 36 00:02:09,120 --> 00:02:13,280 Speaker 1: commonly known called signal uh, for which you can set 37 00:02:13,320 --> 00:02:16,840 Speaker 1: a time after which the message will in good morning, 38 00:02:16,919 --> 00:02:21,720 Speaker 1: Mr Phelps fashion self destruct. Has a White House responded 39 00:02:21,760 --> 00:02:25,800 Speaker 1: to this not officially no, which is um? You know, 40 00:02:25,880 --> 00:02:28,280 Speaker 1: for those of us in the covering the courts in 41 00:02:28,320 --> 00:02:31,040 Speaker 1: the White House business a little bit enervating, but no, 42 00:02:31,320 --> 00:02:33,960 Speaker 1: we haven't gotten an answer yet. Now we cannot ignore 43 00:02:34,040 --> 00:02:38,440 Speaker 1: Trump's use of Twitter and crew makes claims about his 44 00:02:38,560 --> 00:02:43,160 Speaker 1: deleting posts on his personal Twitter account. Does that count 45 00:02:43,480 --> 00:02:46,880 Speaker 1: for the record retention? Well, they say it does, and 46 00:02:47,080 --> 00:02:49,919 Speaker 1: for you know, the president, this is his preferred way 47 00:02:49,919 --> 00:02:52,680 Speaker 1: of communicating with the masses. He goes, you know, not 48 00:02:52,760 --> 00:02:56,680 Speaker 1: only over our heads, but over the heads of media generally, 49 00:02:56,800 --> 00:03:00,440 Speaker 1: and talks right to the people. But apparently on a occasion, 50 00:03:00,760 --> 00:03:05,959 Speaker 1: um cor feffi aside, he will delete one of his messages. 51 00:03:06,000 --> 00:03:08,160 Speaker 1: It's things that we all do from time to time, 52 00:03:08,160 --> 00:03:10,040 Speaker 1: but we're not all subject to the same rules and 53 00:03:10,080 --> 00:03:15,400 Speaker 1: regulations about presidential communicators as the president. What does the 54 00:03:15,639 --> 00:03:19,240 Speaker 1: archivists do? I mean, is the archivists taking down all 55 00:03:19,240 --> 00:03:22,200 Speaker 1: the tweets as they come in? That that that is 56 00:03:22,240 --> 00:03:24,880 Speaker 1: a good question that I apologize is beyond my camp. 57 00:03:25,000 --> 00:03:28,840 Speaker 1: I don't know. So, um, let's talk a little bit 58 00:03:28,840 --> 00:03:32,840 Speaker 1: more about the kinds of recordings that are covered by 59 00:03:32,880 --> 00:03:37,520 Speaker 1: this law. Is it anything that happens in uh in 60 00:03:37,600 --> 00:03:40,720 Speaker 1: the White House? Can it possibly be all those records, 61 00:03:40,840 --> 00:03:45,840 Speaker 1: all those The notion behind this is that for future 62 00:03:45,920 --> 00:03:51,280 Speaker 1: historians and for the record, public records generally that presidential 63 00:03:52,160 --> 00:03:57,119 Speaker 1: record keeping, deliberations, certainly emails about which we have spoken 64 00:03:57,200 --> 00:04:02,280 Speaker 1: a lot over the years, UM, are evidence of presidential 65 00:04:02,320 --> 00:04:05,880 Speaker 1: decision making and policymaking, and that even though the president 66 00:04:06,000 --> 00:04:10,680 Speaker 1: isn't covered by the Freedom of Information Act UH, after 67 00:04:10,720 --> 00:04:13,720 Speaker 1: a time, those records do become public records and they 68 00:04:13,720 --> 00:04:16,760 Speaker 1: are accessible, or at least they're supposed to be, but 69 00:04:16,880 --> 00:04:20,040 Speaker 1: they can't be accessed if they don't exist. Well, while 70 00:04:20,120 --> 00:04:23,640 Speaker 1: you're on, I have to ask your reaction to this 71 00:04:23,800 --> 00:04:28,200 Speaker 1: latest tweet, which is, UM, I have no idea whether 72 00:04:28,240 --> 00:04:32,719 Speaker 1: there are tapes or recordings of my conversations with James Comey, 73 00:04:32,720 --> 00:04:35,520 Speaker 1: but I did not make and do not have any 74 00:04:35,640 --> 00:04:39,800 Speaker 1: such recordings. What do you make of that? I I 75 00:04:40,360 --> 00:04:43,400 Speaker 1: make of that that that is a very carefully worded 76 00:04:43,839 --> 00:04:46,480 Speaker 1: UH thing that some people in the legal field were 77 00:04:46,520 --> 00:04:49,880 Speaker 1: call a non denial denial. I don't know if they 78 00:04:49,880 --> 00:04:52,000 Speaker 1: are records, but if there are records, I didn't make 79 00:04:52,040 --> 00:04:55,360 Speaker 1: them and I don't have them, which certainly doesn't say 80 00:04:55,360 --> 00:04:58,599 Speaker 1: that they don't exist. I know you're a lawyer, and 81 00:04:58,600 --> 00:05:01,000 Speaker 1: you can go back to that at anytime, because you 82 00:05:01,080 --> 00:05:03,719 Speaker 1: have in Washington, d C. At least because you have 83 00:05:04,000 --> 00:05:07,440 Speaker 1: all the legal speak down. So what's the next step 84 00:05:07,480 --> 00:05:09,919 Speaker 1: on this, on this, are we going to hear a 85 00:05:10,000 --> 00:05:13,719 Speaker 1: legal uh return from the White House? Yeah, at some 86 00:05:13,839 --> 00:05:19,120 Speaker 1: point the administration's attorneys will respond to the complaint. It 87 00:05:19,200 --> 00:05:22,520 Speaker 1: was only filed earlier this morning, really really at the 88 00:05:22,640 --> 00:05:26,560 Speaker 1: very break of the business day, and the administration has 89 00:05:26,560 --> 00:05:29,760 Speaker 1: time to respond to it. Uh. That will probably be 90 00:05:29,800 --> 00:05:32,920 Speaker 1: in the form of emotion to dismiss the lawsuit, and 91 00:05:32,960 --> 00:05:35,480 Speaker 1: failing that they'll be compelled to file an answer or 92 00:05:35,520 --> 00:05:38,159 Speaker 1: a tweet. Andrew, you never know. Thanks so much for 93 00:05:38,320 --> 00:05:42,160 Speaker 1: joining us on Bloomberg Law. That's Bloomberg News reporter Andrew Harris, 94 00:05:42,200 --> 00:05:46,120 Speaker 1: and he has a story out on this, this latest 95 00:05:46,160 --> 00:05:48,839 Speaker 1: actually legal suit by Crew