Overview
- The Justice Department’s Office of Legal Counsel issued an opinion stating the Presidential Records Act is unconstitutional and does not bind the president.
- The opinion says the law exceeds Congress’s powers and intrudes on the autonomy of the presidency.
- The determination signals Trump is unlikely to transfer all records to the National Archives when he leaves office, which could lead to court challenges.
- A White House official said staff have been told to preserve emails and documents and that the administration will consult with the National Archives on next steps.
- The act, created after Watergate, makes presidential records government property, and Trump’s past clashes over records included keeping classified files and a case that was later dismissed.