The fate of America’s presidential records is now in the courts’ hands

While the nation’s attention has been focused on the ongoing war in Iran, the Trump administration has continued its assault on American democracy. The latest attack occurred on April 1, when the Justice Department’s Office of Legal Counsel issued an opinion holding that the Presidential Records Act is unconstitutional.

That may bring a smile to the president’s face, who was indicted in 2023 on 40 felony counts for mishandling classified documents. But it is a disaster for American democracy.  

The Presidential Records Act requires that “All records must be furnished to the White House Archivist and ultimately made subject to public disclosure under the Freedom of Information Act; and the president may not discard or destroy records without the express agreement of the archivist.”  

In response to the opinion, American Oversight, a public interest group, and the American Historical Association filed suit in the United States District Court for the District of Columbia. They are asking the court to rule that the Presdiential Records Act is constitutional” and that the opinion is “contrary to the law.” 

Because the executive branch treats opinions from the Office of Legal Counsel as binding, the court must act quickly to prevent President Trump from destroying or taking presidential records for his own use. As the lawsuit notes, during his first term in office, Trump........

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