Overview
- Six former archivists and a former NARA general counsel filed an amicus brief Thursday asking the D.C. Circuit to reject the Justice Department’s argument that the Presidential Records Act is unconstitutional.
- The brief says the PRA ensures continuity of governance by preserving National Security Council files, intelligence assessments, treaty records, and contingency plans that incoming officials need to manage active threats.
- The legal fight began after the Office of Legal Counsel advised the administration that parts of the PRA do not apply to the president, prompting a lawsuit from the American Historical Association and American Oversight.
- U.S. District Judge John Bates ruled in May that White House staff must preserve official records and found the PRA likely constitutional; the Justice Department has appealed and oral arguments are scheduled for October 16.
- The administration maintains that most records are being kept, citing preservation of work on White House‑issued phones, while the outcome of the appeal could change how presidential electronic communications are retained and accessed.