Image: The Washington Post

Trump DOJ Says Presidential Records Act Is Unconstitutional

03 April, 2026.USA.11 sources

Key Takeaways

DOJ Office of Legal Counsel concluded the Presidential Records Act unconstitutional.
End of term requirement to preserve and turn over records deemed unconstitutional.
Ruling could enable White House to implement its own recordkeeping system.

DOJ Declares PRA Unconstitutional

Trump's DOJ issued an opinion asserting the Presidential Records Act is unconstitutional.

“American Oversight Slams Trump’s Attempted Evasion of Presidential Records Act After facing prosecution for mishandling records following his first term, Trump is trying to gut the Presidential Records Act in his second”

American Oversight

The opinion concluded the PRA exceeds Congress's powers and aggrandizes the Legislative Branch.

American Oversight

President Trump does not need to comply with the law that has governed recordkeeping for nearly 50 years.

Historical Context and Legal Rationale

Gaiser emphasized that Presidents historically owned and controlled their papers.

Congress obtained papers through political negotiation rather than as a matter of right.

CBS News

The PRA serves no identifiable and valid legislative purpose.

Political and Legal Fallout

The DOJ opinion sets up a potential legal battle over Trump's presidential records.

“Washington — The Justice Department said that a federal law enacted in the wake of the Watergate scandal that requires the president to preserve certain documents and turn them over to the National Archives at the end of his administration is unconstitutional”

CBS News

American Oversight warned the attempt to evade the PRA is as legally suspect as it is dangerous.

The National Archives have traditionally enforced the PRA.