Judge Orders Trump Administration to Comply With Records Act

U.S. District Judge John D. Bates issued a preliminary injunction on May 20, 2026, ordering the Trump administration to comply with the Presidential Records Act (PRA). The ruling blocks an April memorandum from the Justice Department's Office of Legal Counsel, which had declared the 1978 law unconstitutional, arguing it exceeded congressional power and that presidential records were private property.

Judge Bates ruled that the PRA is likely constitutional under the Constitution's Property Clause and Supreme Court precedent, stating that the presidency is not free from modest constraint. The injunction, effective May 26, requires the White House Office, the National Security Council, the U.S. DOGE Service, and top aides—including Chief of Staff Susie Wiles and adviser Stephen Miller—to preserve all official records. This includes text messages and data on ephemeral messaging accounts. The order does not apply directly to President Donald Trump or Vice President JD Vance.

The legal challenge was brought by the American Historical Association, American Oversight, the Freedom of the Press Foundation, and Citizens for Responsibility and Ethics in Washington. These groups argued that the administration's position posed a substantial risk to government accountability and historical preservation. White House spokesperson Abigail Jackson claimed the ruling misrepresents the administration's position, asserting that internal preservation policies remain in place. The administration must notify the court of its compliance steps by May 28, 2026.