From National Security Archive and edited by Tom Blanton:
The National Security Archive et. al. v. Donald J. Trump et. al. lawsuit, filed December 1, 2020 to prevent a possible bonfire of records in the Rose Garden, achieved a formal litigation hold on White House records that lasted all the way through the transition and Inauguration Day, the preservation of controversial WhatsApp messages, and a formal change in White House records policy.
The Archive worked with co-plaintiffs – the Society for Historians of American Foreign Relations (SHAFR) and the American Historical Association (AHA), as well as Citizens for Responsibility and Ethics in Washington (CREW) – to bring the case under the records laws, against President Trump, the Executive Office of the President, and the National Archives & Records Administration (NARA).
The lawsuit argued that Trump White House policy that only saved via screen shots the instant messages of government business – such as Jared Kushner’s negotiations with Saudi prince bin Salman – failed to capture the complete record that the law required. Plaintiffs pointed to repeated media accounts of White House failures to preserve records, including President Trump’s reported ripping up of documents in the Oval Office, former aide Steve Bannon’s use of disappearing instant messages to communicate with campaign embeds at the agencies, private email use by Ivanka Trump and other top officials, and the routine use of encrypted WhatsApp messages by Kushner and others.