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Congressman Biggs' Statement on the Presidential Transition Team's Right to Privacy

December 19, 2017

WASHINGTON, D.C. – Recently, we learned that the General Service Administration (GSA) inappropriately, and potentially illegally, released tens of thousands of private documents from Donald Trump's Presidential Transition Team (PTT) to Special Counsel Robert Mueller. Current law considers records produced by the PTT as private and they are afforded Fourth Amendment protections. These documents are not government property, and the GSA does not have the authority to release any of these records without due process.

In August, Special Counsel Mueller requested that GSA release copies of the emails, laptops, cell phones, and other materials associated with 13 PTT members responsible for national security and policy matters. Contrary to legal precedent and prior direction from the GSA General Counsel, his Deputy General Counsel turned over mountains of private communications to Mueller. He did so without notifying the PTT or redacting any private, privileged information. Congressman Andy Biggs released the following statement –

"The GSA's distribution of unredacted and private records is a clear violation of the Fourth Amendment. It appears that the request and acquiescence by the GSA Deputy General Counsel was done to fuel Special Counsel Mueller's overly broad investigation. The Presidential Transition Act of 1963 ensures that transition teams receive the right to privacy and I will introduce legislation to strengthen these rights, if necessary. I will also be sending letters to the General Services Administration and Special Counsel Mueller for clarification as to the basis of the request and transfer of these privileged documents."

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Congressman Andy Biggs is a first-term Representative from Arizona's Fifth Congressional District, representing parts of Chandler, Gilbert, Mesa, and Queen Creek. Congressman Biggs is a member of the House Judiciary and Science, Space, and Technology committees, and is the chairman of the Environment Subcommittee. He lives with his wife, Cindy, in Gilbert.