Federal Judge Orders White House Staff to Comply with Presidential Records Act
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A federal judge has mandated that White House staff and key advisers adhere to the Presidential Records Act, countering a recent Justice Department opinion that deemed the law unconstitutional.
A federal judge has mandated that White House staff and key advisers adhere to the Presidential Records Act (PRA), countering a recent Justice Department opinion that deemed the law unconstitutional.
U.S. District Judge John Bates issued a preliminary injunction requiring most White House employees to preserve presidential and vice-presidential records as stipulated by the PRA. This 1978 law, enacted after the Watergate scandal, establishes public ownership of presidential records. The injunction, effective at 9 a.m. on May 26, applies to White House Chief of Staff Susie Wiles, Deputy Chief of Staff Stephen Miller, the National Security Council, and the Council of Economic Advisers, among others. President Trump and Vice President JD Vance are not covered by this directive.
The ruling responds to an April opinion from the Justice Department's Office of Legal Counsel, which argued that the PRA exceeds Congress's authority and is therefore unconstitutional. In contrast, Judge Bates stated that the PRA is "likely constitutional," emphasizing that the law promotes accountability and efficiency within the Executive Branch. He noted that the absence of scandals comparable to Watergate suggests the PRA is functioning as intended.
The lawsuit prompting this decision was filed by the American Historical Association and American Oversight, who expressed concerns that the administration might not comply with the PRA. Chioma Chukwu, executive director of American Oversight, hailed the ruling as "an important victory for presidential accountability."
Enacted four years after President Nixon's resignation, the PRA requires that most presidential documents be turned over to the National Archives and Records Administration at the end of an administration. It governs records of the president, vice president, and certain parts of the Executive Office of the President, excluding personal records of a purely private nature.
The Justice Department has not yet commented on the judge's ruling.