Former congressman Aaron Schock, under investigation for financial misconduct while in office, has been in various disputes with the Justice Department about documents prosecutors are seeking from him. One of those disputes involves the somewhat peculiar legal status of documents from a Member’s personal congressional office. So the blog having been on hiatus for a couple of months, I will ease back into things with a discussion of this obscure topic.
You may be aware, unless you happen to be former Secretary of State Hillary Clinton, that the records of federal agencies and the executive branch generally are subject to extensive regulation and control by various statutes, including the Federal Records Act, the Freedom of Information Act and the Presidential Records Act. You may or may not be surprised to know, however, that few if any of these laws apply to Congress. As the House Rules Committee observed in this 1988 report, the Privacy Act and FOIA explicitly exempt Congress from their coverage, and “[n]o statute comparable to the Presidential Recordings and Materials Preservation Act has ever been enacted with respect to congressional records.” Hmm, I wonder how that happened.