President Donald Trump and his administration are facing a lawsuit after the Justice Department declared the Presidential Records Act unconstitutional, suggesting Trump has legal authority to destroy or retain White House records. The suit, filed by the American Historical Association and American Oversight, alleges that the administration is using a Justice Department memo to claim Trump can refuse to hand over records to the National Archives.
Key Takeaways
President Donald Trump is being sued by watchdog groups over his administration's claim that the Presidential Records Act is unconstitutional. The lawsuit alleges Trump believes presidential records belong to him personally and seeks to enforce record-keeping obligations.
- Watchdog groups sue Trump for defying Presidential Records Act
- Justice Department memo claims act is unconstitutional
- Lawsuit cites Trump's history of retaining White House documents
- Plaintiffs seek court order to uphold the law and require compliance
According to HuffPost, the lawsuit argues that Trump believes government records 'belong to the President personally' rather than to the American people. The plaintiffs cite Trump's history of retaining White House documents, including 15 boxes of material collected from his Florida resort, Mar-a-Lago, after he left office in 2021.
The Justice Department memo, released last week, argues that the Presidential Records Act 'serves no identifiable and valid legislative purpose' and 'exceeds any preservation power,' as reported by CBS News. The memo claims the law intrudes on the president's independence and autonomy. The lawsuit seeks a court order upholding the act and requiring Trump to comply with record-keeping obligations.
The Presidential Records Act, enacted in 1978 following the Watergate scandal, establishes that presidential records belong to the U.S. government and must be preserved. Reuters reports that the lawsuit argues the Justice Department's memo contradicts a 1977 Supreme Court decision upholding a similar law. The plaintiffs also note that no administration has questioned the act's constitutionality in its 45-year history.
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