Justice Department Declares Presidential Records Act Unconstitutional
The Justice Department's Office of Legal Counsel has determined that the Presidential Records Act exceeds congressional authority and infringes on executive independence.
The U.S. Department of Justice's Office of Legal Counsel has issued an opinion declaring the Presidential Records Act (PRA) unconstitutional, asserting that it exceeds Congress's authority and infringes upon the executive branch's independence.
Assistant Attorney General T. Elliot Gaiser stated that the PRA "exceeds Congress's enumerated and implied powers, and it aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive."
Enacted in 1978 following the Watergate scandal, the PRA mandates that presidential records are public property and must be preserved and transferred to the National Archives at the end of a president's term.
The Justice Department's opinion suggests that President Trump is not obligated to comply with the PRA, potentially allowing him to retain presidential records after leaving office.
In response, the American Historical Association and American Oversight have filed a lawsuit challenging the Justice Department's determination, arguing that it violates the separation of powers and defies Supreme Court precedent.
The lawsuit seeks a court order upholding the PRA and requiring President Trump and senior White House officials to comply with their duties under the law.
The case has been assigned to U.S. District Judge Beryl Howell.