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Fact check/Sean Spicer on Trump White House visitor logs
Fact check: Sean Spicer on Trump White House visitor logs
White House Press Secretary Sean Spicer
April 21, 2017
By Cory Eucalitto
At a recent White House briefing, Press Secretary Sean Spicer was questioned about the administration's decision to not release White House visitor logs ahead of schedule, as was partially done by the Obama administration. Spicer claimed, “We're following the law as both the Presidential Records Act and the Federal Records Act prescribe it."[1]
Is Spicer correct that the administration’s policy on visitor logs is in keeping with the law?
Yes. A three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled in 2013 that White House visitor logs for the president, his advisers, and immediate staff are governed by the Presidential Records Act (PRA).[2] As such, they need only be turned over to the National Archives and Records Administration when a president leaves office. The logs (and other presidential records) may become available through the Freedom of Information Act beginning five years after the end of an administration (although the outgoing president may invoke some restrictions on public access for up to 12 years).[3]
The Federal Records Act (FRA) regulates the collection and protection of records by executive agencies and offices within the legislative and judicial branches, but not the U.S. Supreme Court, Congress, and the Architect of the Capitol.[4] The FRA does not govern the public release of White House visitor logs.
White House visitor logs
Visitor logs are maintained by the U.S. Secret Service through the White House Access Control System (WHACS). An initial record is created when an authorized White House employee submits information about a future visitor to the Secret Service for a background check. A second record is created when an approved visitor swipes a temporary security badge to enter the White House Complex.[2][5]
Records laws
The Freedom of Information Act (FOIA) requires federal agencies to disclose most “agency records” upon request from the public, although Congress created nine exemptions.[6]
Presidential records are subject to the more restrictive requirements of the Presidential Records Act.[4] The act governs record-keeping and public access to materials "created or received by the President, his immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President."[7]
Presidential records become available to the public five years after a president leaves office, although some exceptions may delay access up to 12 years. Exceptions may apply to information related to federal office appointments; national security; or consultations between the president and his advisers.[3][7]
Two years into the Obama presidency, Judicial Watch, a self-identified conservative group advocating government transparency, sued the Secret Service for denying their FOIA request for White House visitor logs from January 20, 2009 through August 10, 2009.[8] The Secret Service claimed that the WHACS records were not subject to the FOIA. A federal district court sided with Judicial Watch, but that decision was partially overturned by the Court of Appeals, which ruled that visitor logs are not “agency records” but are instead governed by the Presidential Records Act.[2]
In the decision, Chief Judge Merrick Garland noted that Congress, in both the Freedom of Information Act and the Presidential Records Act, “made clear that it did not want documents like the appointment calendars of the President and his close advisers to be subject to disclosure under FOIA."[2]
It is this ruling that validates Spicer’s claim.
(The court also ruled that WHACS records for agencies and offices within the White House Complex whose functions are not related to directly advising or assisting the president, such as the Office of Management and Budget and Council on Environmental Quality, may be subject to FOIA.)[2]
The Obama and Trump administrations
In a change from previous practice, Barack Obama's administration in 2009 announced that it would voluntarily release visitor logs after 90 to 120 days to increase government transparency.[9] There were several exceptions to the Obama policy, including:[10]
- Information that could implicate personal privacy, safety, or law enforcement efforts;
- Releases that could threaten national security;
- Records related to personal visits with the president’s family and the vice president’s family;
- Records related to "a small group of particularly sensitive meetings";
- Visitor logs for the vice president's residence.
Upon taking office, Donald Trump's administration redesigned the White House website and included a page for “visitor access records.” However, White House communications director Michael Dubke announced on April 14, 2017, that the administration would not release visitor logs.[11][12]
Conclusion
White House Press Secretary Sean Spicer defended the administration's decision to not release White House visitor logs by claiming, "We're following the law as both the Presidential Records Act and the Federal Records Act prescribe it."[1]
Spicer was correct that visitor logs for the president, his advisers, and immediate staff are governed by the Presidential Records Act (PRA). As such, they need only be turned over to the National Archives and Records Administration when a president leaves office. The logs (and other presidential records) may become available through the Freedom of Information Act beginning five years after the end of an administration (although the outgoing president may invoke some restrictions on public access for up to 12 years).
See also
- Freedom of Information Act
- Fact check/Did federal debt fall over President Trump's first month in office?
- Fact check/Did President Trump's executive order include "a clause making it a crime to help an undocumented immigrant"?
Sources and Notes
- ↑ 1.0 1.1 WhiteHouse.gov, "Press Briefing by Press Secretary Sean Spicer, 4/17/2017, #38," April 17, 2017
- ↑ 2.0 2.1 2.2 2.3 2.4 Justia U.S. Law, "Judicial Watch, Inc. v. United States Secret Service, No. 11-5282 (D.C. Cir. 2013)," accessed April 18, 2017
- ↑ 3.0 3.1 National Archives, "Presidential Records Act," accessed April 19, 2017
- ↑ 4.0 4.1 Congressional Research Service, "Common Questions About Federal Records and Related Agency Requirements," February 2, 2015
- ↑ The complex includes the White House, the Eisenhower Executive Office Building, the New Executive Office Building, and surrounding grounds.
- ↑ FOIA.gov, "Frequently Asked Questions," accessed April 19, 2017
- ↑ 7.0 7.1 Congressional Research Service, "The Presidential Records Act: Background and Recent Issues for Congress," December 31, 2014
- ↑ Judicial Watch, "About," accessed April 20, 2017
- ↑ Obama White House Archives, "Statement from the President on the First Time Disclosure Policy for White House Visitor Logs," September 4, 2009
- ↑ Obama White House Archives, "White House Voluntary Disclosure Policy Visitor Access Records," accessed April 18, 2017
- ↑ TIME, "The White House Will Keep Its Visitor Logs Secret," April 14, 2017
- ↑ Politico, "What happens to White House visitor log under Trump?" January 20, 2017
Launched in October 2015 and active through October 2018, Fact Check by Ballotpedia examined claims made by elected officials, political appointees, and political candidates at the federal, state, and local levels. We evaluated claims made by politicians of all backgrounds and affiliations, subjecting them to the same objective and neutral examination process. As of 2025, Ballotpedia staff periodically review these articles to revaluate and reaffirm our conclusions. Please email us with questions, comments, or concerns about these articles. To learn more about fact-checking, click here.
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