Your emojis could one day be a part of the National Archives

From: POLITICO West Wing Playbook - Wednesday May 19,2021 10:36 pm
May 19, 2021 View in browser
 
West Wing Playbook

By Anita Kumar, Theodoric Meyer and Alex Thompson

With help from Allie Bice and Daniel Payne

Welcome to POLITICO’s West Wing Playbook, your guide to the people and power centers in the Biden administration. Did someone forward this to you? Subscribe here! Have a tip? Email us at transitiontips@politico.com.

If you’ve ever texted with the White House’s comms shop, keep in mind: Years after President JOE BIDEN leaves office, his aides’ text messages will be released to the public, just like paper documents, just like emails.

Biden’s White House is the first in history to fully embrace texting as a mode of communication, more than a decade after many Americans adopted the technology as a quicker and easier way to communicate than email or phone.

One of the reasons for the White House’s lag behind the rest of America (besides Washington’s general lack of tech savvy) is that previous administrations didn’t want to take the time to figure out how texting could comply with public records laws.

“The same way that emails have to be preserved and captured because they could shine a light on the decision making and the policy making of an administration, if texts are being used in the same way, they should be saved and preserved and made transparents,” said LISA ROSENBERG, executive director of Open the Government, a coalition that promotes transparency. “The mode of communication doesn’t matter. It’s the substance.”

Rather than preserve aides’ text exchanges, President BARACK OBAMA opted to simply bar aides from texting on their government-issued phones, according to his former staffers. President DONALD TRUMP initially did the same thing, former staffers confirmed.

“Texting would clearly have created an added efficiency that I would have welcomed to communicate both with staff and members of the media,” said SEAN SPICER, Trump’s first White House press secretary.

But as many journalists were aware, some Trump aides used personal cell phones to text. That was allowed as long as they saved the texts, perhaps by taking a screenshot and then emailing it to their government accounts. At least one former White House staffer said that didn’t happen, though. And some staffers used disappearing message apps — like Signal and WhatsApp — where messages could not be archived.

In early 2018, Trump’s chief of staff JOHN KELLY banned personal cell phone use in the West Wing complex as he tried to crack down on leaks. The phones had to be left at home, in cars or placed in White House lockers. Soon after, because of repeated requests, select senior staff were given the ability to text on their government phones, three former Trump aides said.

But by then, they said, staffers were so accustomed to emailing and calling that the method wasn’t fully utilized. And some worked in parts of the White House complex where cell phone service was spotty.

The Biden White House has cracked the text preservation nut. It’s employing a software program on government-issued cell phones that automatically archives text messages as required by federal law.

But even under Biden, only certain categories of aides, including those who communicate with the media, are allowed to text about official business. The White House declined to say how many staffers total can text.

“For the sake of responsiveness and engagement, select White House staff, including certain members of the communications and press teams, are allowed to text for official business,” a White House official said. “Those texts are preserved, consistent with the Presidential Records Act.”

The stats on how texting has overtaken American life are plentiful: 81 percent of Americans text regularly; 97 percent of adults text weekly, according to Pew Research Center. Six billion messages are sent each day in the U.S. according to CTIA, a trade association representing the wireless communications industry.

As the practice became more popular, the National Archive and Records Administration has worked with the White House counsel’s office to develop its own guidance on the use of text messaging in the federal government.

“Neither the Federal Records Act nor the Presidential Records Act prohibit the use of text messages, whether on work cell phones or personal cell phones,” the National Archives public and media communications wrote in a statement. “However, in 2014, both the FRA and the PRA were amended to require government employees who create or send a record using a non-official electronic messaging account to either copy or forward such record to their official account within 20 days.”

But saving messages is challenging because of the difficulty associating them with individual accounts, trouble with searches, and ownership concerns involving technology companies.

For those reasons and more, the NARA guidance indicates that personal accounts should be used in limited cases.

The Presidential Records Act, which requires a president to preserve and eventually make public records relating to their official duties, was passed after RICHARD NIXON tried to hide White House tapes as part of Watergate. It makes records available to the public through the Freedom of Information Act beginning five years after the term ends though the president may restrict access to certain categories of records — national security, for example — for up to 12 years and even after that the current president could invoke executive privilege, experts say.

The odds are good, however, that Biden aides’ texts will be released to the public at some point, emojis and all. It’s just a question of when.

PSA — We’re going to be experimenting with some new items and sections. Tell us what you like and what you hate.

Do you work in the Biden administration? Are you in touch with the White House? Are you ADAM SCHULTZ?

We want to hear from you — and we’ll keep you anonymous: transitiontips@politico.com. Or if you want to stay really anonymous send us a tip through SecureDrop, Signal, Telegram, or Whatsapp here. You can also reach Alex and Theo individually. We just want to talk about Outkast, Adam!

PRESIDENTIAL TRIVIA

With the Partnership for Public Service

Which president’s first summer job was scooping ice cream?

(Answer is at the bottom.)

A note on yesterday’s question about U.S. presidents who were also college presidents: Several of you nerds wrote in — mostly citing Wikipedia — arguing that JAMES A. GARFIELD was also a college president.

Dear readers, Wikipedia isn’t always right. Garfield was the “principal” of Western Reserve Eclectic Institute, which is now Hiram College. Even the Hiram College website lists Garfield as a “principal,” and not a president. As such, he was not included in the answer.

Agenda Setting

WELL, THAT WAS ANTICLIMACTIC — The first meeting of Biden’s Supreme Court commission this afternoon lasted barely 20 minutes, as nearly all of the three dozen commissioners (SHERRILYN IFILL of the NAACP Legal Defense & Educational Fund and the Harvard law professors ANDREW MICHAEL CRESPO and LAURENCE TRIBE couldn’t make it) took their oaths of office, chatted a little about the commission’s work, then quickly adjourned.

The meeting was conducted over Zoom, allowing attendees to scrutinize each other’s surroundings. Bookshelves were popular (West Wing Playbook spotted RON CHERNOW ’s “Grant” and LOUIS MENAND’s “The Metaphysical Club” on University of Chicago law professor WILLIAM BOADE’s shelves), but other members of the commission sat in a room full of houseplants, in front what appeared to be an old Chinese or Taiwanese fan and, in one case, before a Zoom background of a Roman aqueduct.

Biden pledged during the campaign last year to set up the commission in response to pressure from progressives who wanted to expand the size of the Supreme Court, but that’s only one of five areas the commission will research.

The commission will hold five more public meetings, said ROBERT BAUER, Obama’s former White House counsel and the commission’s co-chair, with the next one set for late June.

Filling the Ranks

ROUND TWO After being axed by the Trump administration, MICHAEL KUPERBERG — who led the government’s effort to produce definitive data on climate change — will return to the federal government, the White House announced today. Kuperberg led the U.S. Global Change Research Program, which coordinates federal research on the environment across 13 government agencies, from 2015 to November 2020.

Advise and Consent

NEXT STOP, THE FLOORIn a voice vote, the Senate Banking, Housing and Urban Affairs Committee approved the nominations of ADRIANNE TODMAN to be deputy secretary of Housing and Urban Development and NURIA FERNANDEZ to lead the Federal Transit Administration.

MARK YOUR CALENDARS: Tomorrow, the Senate Judiciary Committee will vote on the nominations of KETANJI BROWN JACKSON to the D.C. Circuit Court; CANDACE JACKSON-AKIWUMI to the Seventh Circuit; REGINA RODRIGUEZ, to the federal district court for Colorado District Court; and JULIEN XAVIER NEALS and ZAHID QURAISHI to the federal district court in New Jersey.

Finally: The Science, Commerce and Transportation Committee will vote on the nomination of ERIC LANDER to be director of the Office of Science and Technology Policy — Biden’s only Cabinet nominee still awaiting confirmation.

After the vote, the committee will hold a hearing with PAMELA MELROY, Biden’s nominee to be deputy administrator of NASA, CARLOS MONJE JR., nominee to be under secretary of Transportation for policy, and RICHARD SPINRAD, nominee to be under secretary of Commerce for oceans and atmosphere.

What We're Reading

Marty Walsh’s failed to vet his pick for police commissioner properly in his final weeks as Boston mayor (The Boston Globe’s Jim Puzzanghera)

Israel-Hamas conflict disrupts Blinken’s Arctic trip (The Wall Street Journal’s William Mauldin and James T. Areddy)

Trump’s pick for IRS chief is now faced with implementing Biden’s economic agenda (The Post’s Jeff Stein)

Where's Joe

Biden speaks at the commencement for the United States Coast Guard Academy.

Biden speaks at the commencement for the United States Coast Guard Academy. | Andrew Harnik/AP Photo

He traveled to New London, Conn., to deliver the commencement address for the U.S. Coast Guard Academy.

Where's Kamala

She met with Guatemalan justice sector leaders virtually, and later spoke at the Asian Pacific American Heritage Month Unity Summit.

The Oppo Book

Biden Federal Trade Commission nominee LINA KHAN gained notoriety for writing a paper criticizing Amazon’s market power while studying at Yale in 2017.

But while she’s been dubbed “Amazon’s antitrust antagonist,” she has an Amazon account like everyone else, according to a 2018 article from the New York Times.

She hadn't used her account much, though — just three purchases with it in the past 18 months. But her husband, SHAH ALI, a Texas doctor, “uses his Amazon Prime account all the time,” the article notes.

One of Khan’s three Amazon purchases was an altimeter — used to measure altitude — for her father, who had just taken up hiking. She didn’t allow the other two items to be disclosed, but the Times wrote that they were “incredibly benign.”

HELP US OUT — It's been interesting digging through memoirs and college newspaper clips about Biden administration officials. But we want your help, too. Got a story — that’s potentially embarrassing but not too mean or serious — you think we should use for an "Oppo Book" item? Email us transitiontips@politico.com.

Trivia Answer

BARACK OBAMA’s first job was working at Baskin-Robbins in Honolulu, Hawaii.

We want your tips, but we also want your feedback as we transition to West Wing Playbook. What should be covering in this newsletter that we’re not? What are we getting wrong? Please let us know.

Edited by Emily Cadei

 

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