The Justice Department has concluded that the Presidential Records Act is unconstitutional. It’s a finding that will allow President Donald Trump to ignore a law that has governed presidential records for nearly five decades.
The opinion from the department’s Office of Legal Counsel states that Congress lacks the authority to require the president to preserve and turn over official records to the National Archives. The finding, first reported by Axios, also says the president does not have to comply with the statute.
DOJ rejects Nixon-era records law
The Presidential Records Act, passed after Watergate, established that official presidential records belong to the federal government and must be preserved. It requires those materials to be transferred to the National Archives at the end of a presidency.
The Justice Department rejects that structure. The opinion says the law places limits on the executive branch that Congress does not have the power to impose.
“The Act establishes a permanent and burdensome regime of congressional regulation of the Presidency untethered from any valid and identifiable legislative purpose,” Assistant Attorney General T. Elliot Gaiser wrote. “For these reasons, the PRA is unconstitutional, and the President need not further comply with its dictates.”
Opinion sets policy inside executive branch
The Office of Legal Counsel sets legal policy inside the executive branch. The opinion sets the administration’s position on how presidential records can be handled.
It does not change federal law. A court ruling or action by Congress would be required to overturn or rewrite the statute.
The opinion would allow the White House to establish its own policies for preserving presidential records rather than follow the requirements set out in the law.
Trump’s history with presidential records
Trump has repeatedly challenged the records law. After leaving office in 2021, he retained documents at his Mar-a-Lago property, including classified materials, and faced criminal charges over how he handled them.
He denied wrongdoing and argued he had authority over the records. The case was dismissed after he returned to office.
The White House says it continues to preserve records, including emails and electronic documents, and will keep its current system in place.