DOJ, rejecting decades-old law, says Trump can keep his presidential records
Source: ABC News
Donald Trump does not need to turn over his presidential records to the National Archives, the Department of Justice's Office of Legal Counsel concluded in an opinion this week.
Rejecting a decades-old law enacted after the Watergate scandal to ensure the preservation of presidential records, Assistant Attorney General T. Elliot Gaiser stated that the Presidential Records Act was unconstitutional and "untethered from any valid and identifiable legislative purpose."
"The PRA exceeds the oversight power because it serves no identifiable and valid legislative purpose. It exceeds any preservation power because Congress cannot preserve presidential records merely for the sake of posterity," the 52-page opinion said.
Coming one day after Trump unveiled a first look at his planned presidential library, the opinion -- if adopted by the Trump administration -- could upend the established process for ensuring the public ownership of presidential records. After his first term in office, Trump was accused of violating the Presidential Records Act by storing boxes of sensitive presidential records at his Mar-a-Lago estate.
Read more: https://abcnews.com/US/doj-rejecting-decades-law-trump-presidential-records/story?id=131668575
The justice department (i.e. tRump's personal lawyers) are telling him he doesn't need to follow the law.
MIGuy
(59 posts)What is the point if someone appointed by the jerk in the white house can dismiss them? Please, let's go back to being a country under the rule of law.
House of Roberts
(6,547 posts)It merely states the assertions they will argue in court when the inevitable lawsuit to force him to turn over the records occurs.
radical noodle
(10,608 posts)He's hiding the records of his crimes against the US.
70sEraVet
(5,499 posts)of his Presidency.
radical noodle
(10,608 posts)travelingthrulife
(5,232 posts)ChicagoTeamster
(1,008 posts)bluestarone
(22,247 posts)Blood stops flowing through his veins!!
snot
(11,838 posts)including about this.
LetMyPeopleVote
(180,248 posts)The Justice Departments new legal interpretation, if upheld, could give the president the green light to hoard records.
Groups warn of risk that Trump âwill keep or destroyâ presidential records
— (@chitraraj.bsky.social) 2026-04-07T18:57:38.345Z
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https://www.ms.now/deadline-white-house/deadline-legal-blog/groups-warn-of-risk-that-trump-will-keep-or-destroy-presidential-records
Thats what two nonprofit groups told a federal court in Washington on Monday, in a legal complaint seeking a declaration that the Presidential Records Act is constitutional. The complaint was prompted by a bold new claim to the contrary by the Trump Justice Departments Office of Legal Counsel.
The American Historical Association and American Oversight said in their complaint that they filed the lawsuit to stop the unconstitutional actions of the government, ensure the President and his administration abide by the recordkeeping obligations required by federal law, and to preserve the historical record that belongs to the American people, before it is forever lost.
American Oversight is one of the groups that is separately suing for the release of former special counsel Jack Smiths report on his classified documents case against President Donald Trump. The DOJ dropped Trumps federal criminal cases due to his 2024 election win, but a Trump-appointed judge has still sought to keep Smiths report secret. ....
On top of seeking a court declaration that the act is constitutional, the groups also want a ruling that the National Archives and Records Administration must comply with the act and must make relevant records publicly available as the act requires. Also among the groups requests is that Trump be barred, after his current term is up, from retaining, destroying, disposing, or otherwise handling Presidential records in a manner not in accordance with the act, and to turn over all presidential records in his possession to NARA as required by the act.
The government will have an opportunity to respond in court.
This act was passed to stop Nixon from destroying Presidential records. Like Nixon, trump will destroy all records that are not favorable to him.