President Trump's Justice Department has determined that the Presidential Records Act of 1978 is unconstitutional, according to a senior White House official. The finding suggests Trump will resist turning over all official records to the National Archives at the end of his term, breaking with nearly five decades of presidential precedent.
The Presidential Records Act was enacted in the post-Watergate era to prevent government corruption by requiring that all official records regarding presidential decisions and policies belong to the U.S. government rather than individual presidents. The law has guided presidential record-keeping for nearly half a century across both Republican and Democratic administrations.
Trump's Justice Department legal counsel concluded the act "exceeds Congress' powers at the expense of the constitutional independence and autonomy of the executive branch." The administration argues Congress lacks authority to compel an entire government branch to create and preserve every document, though the White House official stated no documents are currently being destroyed.
The decision signals potential conflict with the National Archives and sets up a constitutional clash over presidential record preservation. Trump previously retained classified documents after his first term, leading to federal indictment under President Biden that was later dropped following Trump's 2024 reelection. The administration says it preserves records for historical and litigation purposes through existing processes.
The finding could reshape how future presidents handle official documentation and may prompt congressional action to defend the law's constitutional standing.