Commentary on the missing Secret Service cellphone records has invoked the spector of the Federal Records Act, violation of which can lead to jail time.
We don't know what happened in the case, but I start with some cynicism. I don't think most bureaucrats in most agencies know much or care much about the FRA. The leader of all Federal bureaucrats for 4 years, the former guy, showed exactly what he thought of it when he tore up documents he'd read.
The Act lacks an enforcement mechanism; NARA has no real power.
I suspect, and predict, that the Secret Service has never taken the FRA seriously. This might mean they simply ignored the preservation of records in past years, and continued that mind set in dealing with Jan. 6 and the upgrading of their cellphones.
We may find out if I'm right.
