We Should All Be Paying Attention To What's Happening to the National Archives

So, hi there! 👋 Former National Archives employee here.

The president officially fired the Archivist of the United States, as he had promised to do before taking office.

The quality of the reporting on this has been disappointing, to say the least, with only the most basic understanding of what the National Archives does.

This is bigger than a little spat with a small agency.

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Yes, the National Archives holds billions of pages of government records—essential for research, journalism, and government transparency—making it a crucial part of how citizens hold their government accountable and also a key steward of our nation’s historical narratives.

But, even beyond that, the functions of the National Archives and the Archivist of the United States are far more significant than most citizens realize.

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If you are wondering about what this could mean for our democracy, here is a short list of other things you should know about NARA and the AOTUS:

• The Archivist of the United States is responsible for administering the Electoral College process. They provide official instructions to the states on how to carry out their Electoral College voting, transmit their electors’ votes, and receive and validate the certificates before public viewing and permanent preservation.
• The National Archives is responsible for publishing the Code of Federal Regulations, the official document codifying all regulations of federal agencies, and the Federal Register, where the government gives notice of presidential actions, public meetings, and any proposed changes to federal regulations before their required public comment period.
• The National Archives is responsible for administering the Constitutional amendment process. The Archivist would receive any proposed amendment from Congress and transmit it to the states with instructions. They then receive and authenticate any ratification documents from the states. When sufficient states ratify, the Archivist is the one that formally certifies that the Constitution has been amended, with an official proclamation.
• As the National Archives states in all of its rulemaking postings, “Agencies may not destroy Federal records without the approval of the Archivist of the United States.” The National archives maintains records schedules, mandatory rules for agencies about how to retain records, and can determine which records are temporary (not permanently preserved). When these are violated, NARA can investigate and conduct oversight.
• The National Archives houses the National Personnel Records Center for the federal government. This is where all the personnel files of all federal employees are transferred after they separate from the government. Agencies have been charged with making lists of employees engaged in certain jobs for the White House, but it is worth noting any federal worker who ever left the government before now also has a file at the NPRC.
• The National Archives has important roles in the classification process, including housing the Information Security Oversight Office and the National Declassification Center. In addition, the National Archives receives classified documents from the government for retention, as was widely reported during the president’s related criminal indictment. ISOO is the office that, by law, must be notified by anyone who encounters mishandled classified documents.
• The Freedom of Information Act (FOIA) ensures that citizens have the ability to hold the government accountable by establishing a right to access public records. It is a crucial tool for journalists. National Archives’ Office of Government Information Services is the ombudsman for the federal FOIA program, receiving public complaints about violations of the law and producing compliance reports on agencies.

Do you know of anyone who wants to interfere with the Electoral College vote, wipe out government regulations, change the Constitution, destroy or illegally retain government records, etc.?

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So far, with everything else going on, this has hardly registered in the top news stories. It is important to know that none of this is normal.

No Archivist of the United States has ever been fired by a president, in almost 100 years since the position was created, making Shogan—the first woman in the office—the shortest serving AOTUS. This is an apolitical position, even when the previous president appointed the officeholder.

The statute regarding the office of the Archivist of the United States (44 USC § 2103) reads:

"The Archivist shall be appointed without regard to political affiliations and solely on the basis of the professional qualifications required to perform the duties and responsibilities of the office of Archivist."

Regardless of your politics, failing to defend the independence of the National Archives and its staff right now—and allowing it to be gutted or turn political—could be disastrous for the future of democracy.

Notes

[1] Here is the letter sent by Shogan before the 2024 election to state officials: https://www.archives.gov/files/electoral-college/state-officials/example-archivist-letter.pdf

[2] Here is the Archivist’s proclamation of the 27th Amendment: https://catalog.archives.gov/id/1512313

[3] For example, here is the letter sent when, in the Obama administration, the IRS was scrutinized for targeting conservatives and emails were deleted. https://oversight.house.gov/wp-content/uploads/2014/06/6-17-2014-NARA-to-Bennett.pdf The Archivist provided testimony to Congress in the matter. https://www.politico.com/story/2014/06/irs-lost-emails-archivist-108242

[4] In response to high-profile cases of government officials retaining classified documents, ISOO published a notice in 2023 with guidance on identifying and handling classified materials. https://www.archives.gov/files/isoo/notices/cogc-isoo-notice-final-06-21-2023.pdf

[5] See https://www.archives.gov/ogis/mediation-program/request-assistance & https://www.archives.gov/ogis/foia-compliance-program

[6] It also states regarding removal from office: "The President shall communicate the reasons for any such removal to each House of the Congress." Which does not appear to have happened yet, or has not yet been reported in any news reports. 44 USC 2103