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groundloop

(13,887 posts)
Fri Apr 3, 2026, 09:06 AM Friday

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.
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DOJ, rejecting decades-old law, says Trump can keep his presidential records (Original Post) groundloop Friday OP
Why does congress enact laws? MIGuy Friday #1
The DOJ 'opinion' carries no weight. House of Roberts Friday #2
This must be stopped radical noodle Friday #3
"Hiding the records of his crimes" has been the only success thus far.... 70sEraVet Friday #4
That and replacing competent people with the incompetent n/t radical noodle Friday #5
And rewriting his criminal history. travelingthrulife Friday #6
What law did they base this on? ChicagoTeamster Friday #7
I so look forward to the day that his bluestarone Friday #8
I hope the ACLU et al. are filing lots of lawsuits lately, snot Friday #9
Deadline Legal Blog-Groups warn of risk that Trump 'will keep or destroy' presidential records LetMyPeopleVote Tuesday #10

MIGuy

(59 posts)
1. Why does congress enact laws?
Fri Apr 3, 2026, 09:15 AM
Friday

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)
2. The DOJ 'opinion' carries no weight.
Fri Apr 3, 2026, 09:26 AM
Friday

It merely states the assertions they will argue in court when the inevitable lawsuit to force him to turn over the records occurs.

LetMyPeopleVote

(180,248 posts)
10. Deadline Legal Blog-Groups warn of risk that Trump 'will keep or destroy' presidential records
Tue Apr 7, 2026, 04:42 PM
Tuesday

The Justice Department’s new legal interpretation, if upheld, could give the president the green light to hoard records.

Groups warn of risk that Trump ‘will keep or destroy’ presidential records
#Donaldtrump

opr.news/2a2629582604...

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(@chitraraj.bsky.social) 2026-04-07T18:57:38.345Z

https://www.ms.now/deadline-white-house/deadline-legal-blog/groups-warn-of-risk-that-trump-will-keep-or-destroy-presidential-records

As of this moment, the Administration believes that the President is legally free to destroy records of his official government conduct, or even spirit away the records for his own future personal use.

That’s 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 Department’s 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 Smith’s report on his classified documents case against President Donald Trump. The DOJ dropped Trump’s federal criminal cases due to his 2024 election win, but a Trump-appointed judge has still sought to keep Smith’s 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.
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