USA03 April, 20261 min read
Trump DOJ Declares Presidential Records Act Unconstitutional
DOJ OLC finds Presidential Records Act unconstitutional, exceeding congressional authority. Trump not required to turn over presidential records to National Archives.
DOJ Opinion
Trump's Justice Department issued a legal opinion declaring the Presidential Records Act unconstitutional. The opinion contends the law unconstitutionally intrudes on the independence of the executive branch. A senior White House official said Congress does not have the power to compel an entire branch to create and save every piece of paper.
Watergate-Era Law Challenged
The Presidential Records Act was enacted after Watergate to declare presidential records as government property. Before the law, presidents owned and controlled their records as private property.
Trump has a fraught history with the law, having been indicted for mishandling documents. The Atlantic Council warned this campaign was a high-risk gamble.
Opposition and Consequences
The opinion does not carry the force of law but sets up a confrontation with Congress and the National Archives. Trump said he is committed to preserving records and maintaining a rigorous retention program.
Lawmakers from both parties expressed alarm. This raises profound questions about transparency and accountability.