Court Orders White House to Follow Presidential Records Act

The order directs that all presidential and vice-presidential records be preserved. The court opinion stated that the Presidential Records Act is likely constitutional and that the president is not free to disregard valid laws. It noted that unpreserved or improperly destroyed documents are lost forever to history and that failure to preserve them would cause irreparable injury.

Background on the Presidential Records Act For nearly 200 years before 1978, presidents could keep, destroy, or dispose of their records as they chose. Congress passed the Presidential Records Act after the Watergate scandal to ensure that records created or received by the president, vice president, and their staffs transfer automatically to the National Archives upon leaving office.

The law covers documentary materials including electronic records, digital communications, and text messages produced while carrying out official duties.

Two lawsuits followed, one filed by the American Historical Association and American Oversight, and another by the Freedom of the Press Foundation and Citizens for Responsibility and Ethics in Washington. The court ruled against the Office of Legal Counsel opinion.

A White House email to staff stated that the administration intends to appeal. The American Historical Association executive director said the ruling reaffirmed that presidential records belong to the American people. American Oversight's executive director said the decision helps ensure that the American people retain ownership over the historical record of the presidency.