These records may provide critical evidence in the criminal investigation into Trump’s mishandling of classified documents and may undercut Trump’s claim that he did not have to follow a specific process to declassify documents. Trump has previously attempted to block the special counsel from accessing these records, but the Archives has rejected his claim of a “constitutionally based privilege.”

The records will be handed over on May 24, 2023, “unless prohibited by an intervening court order.”

This comes amid a flurry of activity by Smith’s team, including grand jury appearances by former national security officials who have testified that they told Trump there was a process for a president to declassify material. Trump has faced criticism for his handling of classified documents and his claims about his “standing order” to declassify material.

The Presidential Records Act provides that as soon as a president leaves office, the National Archives becomes the legal custodian of the president’s records, which belong to the public. Trump has misrepresented the Presidential Records Act, claiming that he had the right to take documents when he left office.