Claims of constitutionally based privilege against disclosure

When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall— promptly provide notice of such determination to— The notice under paragraph (1)— If the incumbent President upholds the claim of privilege asserted by the former President, the Archivist shall not make the Presidential record (or reasonably segregable part of a record) subject to the claim publicly available unless— The Archivist shall not make publicly available a Presidential record (or reasonably segregable part of a record) that is subject to a privilege claim asserted by the incumbent President unless—