Trump admin's challenge of Watergate-era records law alarms historians
Source: Politico
04/03/2026 07:56 PM EDT Updated: 04/04/2026 03:44 PM EDT
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.
However, Archives personnel rely on the records law daily to review, redact and make public the documents and digital records of every president since Ronald Reagan. Since Office of Legal Counsel opinions are typically treated as binding throughout the executive branch, the legal framework archivists have followed for decades is now in doubt.
“The OLC opinion potentially opens a can of worms for NARA in terms of how it will proceed to open presidential records from past administrations,” said Jason R. Baron, former litigation director for the Archives.
Read more: https://www.politico.com/news/2026/04/03/white-house-records-olc-opinion-00859073
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