DOJ Declares Presidential Records Act Unconstitutional for Donald Trump

The U.S. Department of Justice Office of Legal Counsel issued a memorandum concluding that the Presidential Records Act of 1978 is unconstitutional. The opinion, authored by Assistant Attorney General T. Elliot Gaiser, asserts that the law exceeds the powers of Congress and infringes upon the autonomy of the presidency, arguing that Congress cannot expropriate the papers of the Chief Executive any more than it can those of Supreme Court justices.

Consequently, Donald Trump is not required to turn over official presidential records to the National Archives and Records Administration at the end of his term. This determination follows the president's firing of National Archivist Colleen Shogan and the appointment of Ed Forst as acting National Archivist. The move comes shortly after Trump unveiled plans for a presidential library and follows previous legal disputes regarding his handling of classified documents at Mar-a-Lago.

While the White House claims the administration remains committed to preserving electronic records and is discussing future steps with the National Archives, transparency advocates warn the ruling enables the destruction of records and impedes congressional oversight. The OLC opinion specifically argues the law lacks a valid legislative purpose and unconstitutionally regulates presidential conduct.