General Discussion

Trump admin’s challenge of Watergate-era records law alarms historians

Scholars warn that DOJ’s declaration that the Presidential Records Act is unconstitutional could impact other administrations.

The Trump administration’s abrupt declaration that the federal law governing presidential records for the past 48 years is unconstitutional is creating confusion about access to records of past presidencies, including documents that are on the verge of public release.

The Wednesday memo from the Justice Department’s Office of Legal Counsel, which challenges the Presidential Records Act, appears intended to give President Donald Trump the legal leeway to destroy White House records from his current term. It also gives him legal backing to refuse to hand over any remaining records to the National Archives and Records Administration when he leaves office in 2029.

That could block public access to more than 700 million White House emails, among countless other records, in Archives possession since the law went into effect in 1978, Baron said.