Washington — A lawsuit was filed Monday challenging the Justice Department’s determination that the federal law requiring the preservation of certain presidential records is unconstitutional.
The lawsuit was brought in federal court in Washington, D.C., by the American Historical Association, described as the largest membership association of historians in the world, and American Oversight, a nonprofit government watchdog group.
At the heart of the legal challenge is a memorandum opinion from the Justice Department’s Office of Legal Counsel, which declared the Presidential Records Act unconstitutional. According to the Justice Department, this determination means President Trump is not required to comply with the law.
The complaint filed by the two groups states, “This case is about the preservation of records that document our nation’s history, and whether the American people are able to access and learn from that history.” The complaint further argues that the Executive Branch has asserted the power to override both the U.S. Supreme Court and laws passed by Congress regarding the preservation and public access to presidential records.
The groups are seeking a court order upholding the Presidential Records Act and requiring Mr. Trump and senior White House officials to fulfill their duties under the law. U.S. District Judge Beryl Howell has been assigned to the case.
The Presidential Records Act
The Presidential Records Act was enacted in 1978 following the Watergate scandal. The law establishes that presidential records are the property of the U.S. Government, not the president personally, and mandates their preservation.
The measure applies to records of the president, vice president, and parts of the Executive Office of the President, such as the National Security Council, and outlines requirements for maintaining, accessing, and preserving information during and after a presidency.
The law has been in effect for over four decades. However, last week, Assistant Attorney General T. Elliot Gaiser, leading the Office of Legal Counsel, wrote in an opinion that the Presidential Records Act “exceeds Congress’s enumerated and implied powers, and it aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive.” He similarly stated the statute “serves no identifiable and valid legislative purpose.”
According to the opinion, the law is not a valid exercise of Congressional authority and infringes upon the president’s independence. While opinions from the Office of Legal Counsel are binding for the executive branch, a court ruling could supersede this interpretation.
The American Historical Association and American Oversight contend in their lawsuit that the Justice Department’s decision violates the separation of powers and contradicts Supreme Court precedent, specifically a ruling against former President Richard Nixon regarding the preservation of presidential papers.
The groups noted that no administration has previously questioned the constitutionality of the Presidential Records Act or argued it unduly interferes with the president’s duties. The lawsuit also points out that during Mr. Trump’s first administration, the White House Counsel’s Office reminded staff of their obligation to preserve records as required by law, and the government has indicated a willingness to comply with the records law even in his current administration.
The complaint alleges that, “In the Administration’s view, the records of the official activities of the President and nearly 1,000 White House employees — generated using taxpayer funds, on government property, regarding official government business — belong to the President personally, and not to the American people.” The groups characterized this position as contrary to the principles of government “for the people, by the people, and of the people.”
The groups expressed concern that Mr. Trump is likely to retain presidential records for himself at the end of his term in January 2029, citing his previous decision to hold onto documents after his first administration ended in January 2021.
Following Mr. Trump’s departure from office the first time, the National Archives collected 15 boxes of material from his Mar-a-Lago residence after “months of wrangling.” These boxes contained thousands of documents, some of which were classified.
The president previously claimed the Presidential Records Act permitted him to keep the documents because they were personal. He was indicted on more than three dozen charges related to the alleged mishandling of sensitive government records, but the case concluded after his election to a second term in November 2024.
Spokespeople for the Justice Department did not respond to a request for comment on the new lawsuit.
Frequently Asked Questions
What is the Presidential Records Act?
The Presidential Records Act, enacted in 1978, established that presidential records belong to the U.S. Government and must be preserved, not retained by the president personally.
Who filed the lawsuit challenging the Justice Department’s determination?
The lawsuit was filed by the American Historical Association and American Oversight.
What is the Justice Department’s argument against the Presidential Records Act?
The Justice Department argues that the Presidential Records Act “exceeds Congress’s enumerated and implied powers” and infringes on the executive branch’s independence.
As this legal battle unfolds, what role will the courts play in balancing the interests of transparency, historical preservation, and executive authority?
