Judge John Bates Orders Trump Administration to Comply With Records Act
U.S. District Judge John Bates issued an injunction requiring the Trump administration to preserve official records after rejecting a Justice Department claim that the law is unconstitutional.
U.S. District Judge John Bates issued a preliminary injunction on May 20, 2026, ordering the Trump administration to comply with the Presidential Records Act (PRA). The ruling follows a lawsuit brought by the American Historical Association, American Oversight, and the Freedom of the Press Foundation to prevent the potential destruction of government records. The court rejected a memorandum from the Department of Justice Office of Legal Counsel, which had argued that the 1978 law was unconstitutional and served no valid legislative purpose.
Judge Bates concluded that the PRA is likely constitutional under the Property Clause, describing the Justice Department's reasoning as a "stark misreading" of Supreme Court precedent. The injunction requires the White House Office, the National Security Council, the U.S. DOGE Service, and presidential advisers to preserve all official records, specifically prohibiting the use of ephemeral or auto-deleting messaging services for government data. While the order applies to top aides such as Chief of Staff Susie Wiles and Deputy Chief of Staff Stephen Miller, it does not apply directly to President Donald Trump or Vice President JD Vance.
The injunction takes effect May 26, 2026, and the administration must notify the court of its compliance steps by May 28. White House spokesperson Abigail Jackson stated the ruling misrepresents the administration's position and asserted that internal preservation policies remain in place. Chioma Chukwu, Executive Director of American Oversight, characterized the decision as a victory for presidential accountability and the public's ownership of the historical record.