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Deadline Legal Blog-Groups warn of risk that Trump 'will keep or destroy' presidential records
The Justice Department’s new legal interpretation, if upheld, could give the president the green light to hoard records.
Groups warn of risk that Trump ‘will keep or destroy’ presidential records
— (@chitraraj.bsky.social) 2026-04-07T18:57:38.345Z
#Donaldtrump
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https://www.ms.now/deadline-white-house/deadline-legal-blog/groups-warn-of-risk-that-trump-will-keep-or-destroy-presidential-records
“As of this moment, the Administration believes that the President is legally free to destroy records of his official government conduct, or even spirit away the records for his own future personal use.”
That’s what two nonprofit groups told a federal court in Washington on Monday, in a legal complaint seeking a declaration that the Presidential Records Act is constitutional. The complaint was prompted by a bold new claim to the contrary by the Trump Justice Department’s Office of Legal Counsel.
The American Historical Association and American Oversight said in their complaint that they filed the lawsuit “to stop the unconstitutional actions of the government, ensure the President and his administration abide by the recordkeeping obligations required by federal law, and to preserve the historical record that belongs to the American people, before it is forever lost.”
American Oversight is one of the groups that is separately suing for the release of former special counsel Jack Smith’s report on his classified documents case against President Donald Trump. The DOJ dropped Trump’s federal criminal cases due to his 2024 election win, but a Trump-appointed judge has still sought to keep Smith’s report secret. ....
On top of seeking a court declaration that the act is constitutional, the groups also want a ruling that the National Archives and Records Administration must comply with the act and must make relevant records publicly available as the act requires. Also among the groups’ requests is that Trump be barred, after his current term is up, “from retaining, destroying, disposing, or otherwise handling Presidential records in a manner not in accordance with” the act, and to turn over all presidential records in his possession to NARA as required by the act.
The government will have an opportunity to respond in court.
That’s what two nonprofit groups told a federal court in Washington on Monday, in a legal complaint seeking a declaration that the Presidential Records Act is constitutional. The complaint was prompted by a bold new claim to the contrary by the Trump Justice Department’s Office of Legal Counsel.
The American Historical Association and American Oversight said in their complaint that they filed the lawsuit “to stop the unconstitutional actions of the government, ensure the President and his administration abide by the recordkeeping obligations required by federal law, and to preserve the historical record that belongs to the American people, before it is forever lost.”
American Oversight is one of the groups that is separately suing for the release of former special counsel Jack Smith’s report on his classified documents case against President Donald Trump. The DOJ dropped Trump’s federal criminal cases due to his 2024 election win, but a Trump-appointed judge has still sought to keep Smith’s report secret. ....
On top of seeking a court declaration that the act is constitutional, the groups also want a ruling that the National Archives and Records Administration must comply with the act and must make relevant records publicly available as the act requires. Also among the groups’ requests is that Trump be barred, after his current term is up, “from retaining, destroying, disposing, or otherwise handling Presidential records in a manner not in accordance with” the act, and to turn over all presidential records in his possession to NARA as required by the act.
The government will have an opportunity to respond in court.
This act was passed to stop Nixon from destroying Presidential records. Like Nixon, trump will destroy all records that are not favorable to him.
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The DOJ last week said that Trump "need not further comply" with the act.
https://abcnews.com/US/historians-sue-trumps-attempt-ignore-presidential-records-act/story
The world's largest association of historians is suing the Trump administration over a recent effort to justify the president keeping his official records rather than turning them over to the National Archives.
The American Historical Association and a second organization, American Oversight, filed the suit in Washington, D.C., District Court Monday, describing the case as an attempt to "preserve the historical record that belongs to the American people, before it is forever lost."
"This case is about the preservation of records that document our nation's history, and whether the American people are able to access and learn from that history," the complaint said.
Last week, the Department of Justice's Office of Legal Counsel issued an advisory opinion that stated Trump "need not further comply" with the decades-old law governing the handover of presidential records for public preservation after a president leaves office.
"The Administration's actions nullifying a law duly enacted by Congress, based on a legal determination that contravenes a decision of the Supreme Court, violate the separation of powers twice over," the complaint said.
The American Historical Association and a second organization, American Oversight, filed the suit in Washington, D.C., District Court Monday, describing the case as an attempt to "preserve the historical record that belongs to the American people, before it is forever lost."
"This case is about the preservation of records that document our nation's history, and whether the American people are able to access and learn from that history," the complaint said.
Last week, the Department of Justice's Office of Legal Counsel issued an advisory opinion that stated Trump "need not further comply" with the decades-old law governing the handover of presidential records for public preservation after a president leaves office.
"The Administration's actions nullifying a law duly enacted by Congress, based on a legal determination that contravenes a decision of the Supreme Court, violate the separation of powers twice over," the complaint said.
This will be a fun lawsuit to follow. I am curious as to how the DOJ will get around a prior SCOTUS ruling.