politics
Federal Judge Orders White House Staff to Preserve Presidential Records
A federal judge issued a preliminary injunction requiring most White House employees to preserve records under the Presidential Records Act. The order takes effect May 26 and follows a Justice Department opinion that questioned the law's constitutionality.
May 20, 3:27 PM·2m read1 source
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A federal judge on Wednesday ordered White House staff and President Trump's top advisers to comply with a law that requires certain presidential records to be preserved. U.S. District Judge John Bates granted a preliminary injunction that requires most White House employees to preserve presidential and vice presidential records covered by the Presidential Records Act.
The 1978 law was enacted in the wake of the Watergate scandal and established public ownership of presidential records. Among those who must comply with Bates' order are White House chief of staff Susie Wiles, deputy chief of staff Stephen Miller, the National Security Council, Council of Economic Advisers and employees working within the Executive Office of the President.
Mr. Trump and Vice President JD Vance are not covered by the judge's directive. m. on May 26.
The decision stems from a memorandum opinion issued by the Justice Department's Office of Legal Counsel last month that claimed the Presidential Records Act is unconstitutional because it exceeds Congress' power. The office said Mr. Trump therefore didn't need to comply with it.
Two historical and government oversight groups, the American Historical Association and American Oversight, as well as the Freedom of the Press Foundation, sued to invalidate the Justice Department's opinion. They asked the judge to order White House officials to comply with the Presidential Records Act and preserve records.
In his decision granting that request for relief, the judge wrote that the Presidential Records Act is "likely constitutional," splitting from the Justice Department's determination.
The plaintiffs cheered the decision granting them emergency relief. "Today's ruling is an important victory for presidential accountability and for affirming what decades of law and practice already established — the constitutionality of the Presidential Records Act," Chioma Chukwu, executive director of American Oversight, said in a statement.
