Watchdog Groups Sue Trump Over Presidential Records Act Challenge

The American Historical Association and American Oversight filed a lawsuit in a Washington, D.C. federal court to uphold the Presidential Records Act. The suit challenges an April 1, 2026, memorandum from the Department of Justice Office of Legal Counsel, which declared the 1978 law unconstitutional. Written by Assistant Attorney General T. Elliot Gaiser, the memo argues that the act exceeds congressional power and intrudes upon the autonomy of the executive branch, effectively exempting Donald Trump from mandatory record preservation requirements.

Plaintiffs argue that the administration's attempt to nullify the law violates the separation of powers and defies Supreme Court precedents from the Richard Nixon era. They seek a court order to compel the president and senior White House officials to fulfill their duties, fearing that official records may be withheld as personal property rather than transferred to the National Archives and Records Administration when the term ends in January 2029.

White House spokeswoman Abigail Jackson defended the administration, stating that the president is committed to preserving records through a rigorous retention program. This legal conflict follows prior controversies regarding the retention of classified documents at Mar-a-Lago, including an indictment that was dismissed in 2024.