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PoliticsAI Desk•2 views

Trump's DOJ Claims He Can Hold Government Docs, Defying Watergate Law

The DOJ's Office of Legal Counsel has ruled the Presidential Records Act unconstitutional, enabling President Trump to retain government documents after his term. This decision overturns a Watergate-era law aimed at ensuring transparency. Watchdog groups and legal experts condemn it as an extreme move that threatens congressional oversight and public access to records. The opinion is tied to Trump's past criminal case over classified documents. Court challenges are anticipated but face procedural obstacles. Leadership changes at the National Archives further complicate the situation.

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Trump's DOJ Claims He Can Hold Government Docs, Defying Watergate Law

The U.S. Department of Justice's Office of Legal Counsel has issued a memorandum declaring the Presidential Records Act unconstitutional, allowing President Donald Trump to retain government documents upon leaving office. This opinion challenges a key transparency law enacted after the Watergate scandal.

OLC's Constitutional Argument

  • The memo asserts that the Presidential Records Act violates the separation of powers by regulating presidential conduct.
  • It states that Congress lacked a valid legislative purpose in passing the law.
  • The opinion concludes that the President "need not further comply with its dictates."

Background of the Presidential Records Act

  • Enacted in 1978 in response to the Watergate scandal.
  • Requires presidents to transfer all government records to the National Archives at the end of their term.
  • Ensures records are accessible to future administrations, Congress, and the public under FOIA.
  • Was central to the criminal case against Trump for mishandling classified documents.

Reactions from Transparency Groups

  • CREW's Donald Sherman calls it part of an "ongoing and escalating assault on transparency."
  • Democracy Defenders' Virginia Canter warns it could permit selling sensitive documents to the "highest bidder."
  • Groups plan to challenge the memo in court.
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Legal Experts' Criticisms

  • Professor Jonathan Shaub notes no prior president claimed the PRA unconstitutional.
  • Liz Hempowicz of American Oversight says the OLC mischaracterizes the PRA, which governs federal property records.
  • Gregg Nunziata argues the opinion undermines congressional oversight tools.

Oversight and FOIA Implications

  • Could limit Congress's access to documents for oversight purposes.
  • Raises questions about FOIA access to records from Trump's first term, now five years post-presidency.
  • Jason Baron fears retroactive reclassification of records as "personal."

National Archives Leadership Changes

  • Trump fired National Archivist Colleen Shogan; Ed Forst is acting head.
  • Nominee Bradford Wilson may be bound by the OLC opinion.
  • Experts urge the next archivist to aggressively seek custody of all White House records.

Challenges to the Memo

  • Standing to sue is unclear since PRA provisions apply post-presidency.
  • White House claims adherence to current record-keeping standards.
  • A FOIA case could provide a path for judicial review.
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