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BumRushDaShow

(170,185 posts) Sun Apr 5, 2026, 03:40 AM Sunday

Trump admin's challenge of Watergate-era records law alarms historians

Source: Politico

04/03/2026 07:56 PM EDT Updated: 04/04/2026 03:44 PM EDT

The Trump administration’s abrupt declaration that the federal law governing presidential records for the past 48 years is unconstitutional is creating confusion about access to records of past presidencies, including documents that are on the verge of public release.

The Wednesday memo from the Justice Department’s Office of Legal Counsel, which challenges the Presidential Records Act, appears intended to give President Donald Trump the legal leeway to destroy White House records from his current term. It also gives him legal backing to refuse to hand over any remaining records to the National Archives and Records Administration when he leaves office in 2029.

However, Archives personnel rely on the records law daily to review, redact and make public the documents and digital records of every president since Ronald Reagan. Since Office of Legal Counsel opinions are typically treated as binding throughout the executive branch, the legal framework archivists have followed for decades is now in doubt.

“The OLC opinion potentially opens a can of worms for NARA in terms of how it will proceed to open presidential records from past administrations,” said Jason R. Baron, former litigation director for the Archives.

Read more: https://www.politico.com/news/2026/04/03/white-house-records-olc-opinion-00859073

3 replies

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Highlight:

Trump admin's challenge of Watergate-era records law alarms historians (Original Post) BumRushDaShow Sunday OP

These Admin mnnnnnnnnnnnn are destroying the way the U.S. Federal Government Works.... Tie them all to a tree limb dave99 Sunday #1

Once again, laws don't apply to him Bayard Sunday #2

Deadline Legal Blog-Groups warn of risk that Trump 'will keep or destroy' presidential records LetMyPeopleVote Tuesday #3

dave99

(18 posts)

1. These Admin mnnnnnnnnnnnn are destroying the way the U.S. Federal Government Works.... Tie them all to a tree limb

Reply to BumRushDaShow (Original post)

Sun Apr 5, 2026, 10:33 AM

Sunday

Bayard

(29,823 posts)

2. Once again, laws don't apply to him

Reply to BumRushDaShow (Original post)

Sun Apr 5, 2026, 12:44 PM

Sunday

He got away with hiding documents in his bathroom before, so why not?

LetMyPeopleVote

(180,248 posts)

3. Deadline Legal Blog-Groups warn of risk that Trump 'will keep or destroy' presidential records

Reply to BumRushDaShow (Original post)

Tue Apr 7, 2026, 04:41 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 â€˜will keep or destroyâ€™ presidential records
#Donaldtrump

opr.news/2a2629582604...

Download Now
s.opr.news/cc0e61fa2bal
— (@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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