Do Americans Own the President's Papers? Appeals Court to Weigh In
Watchdog groups say 700 million White House emails and other records could be lost if the injunction is lifted, according to court filings.
- On Friday, the U.S. Court of Appeals for the D.C. Circuit heard arguments over whether President Donald Trump's administration can invalidate the 1978 Presidential Records Act, with lawyers arguing official White House documents belong to Trump personally.
- In May, District Judge John Bates rejected the administration's position that the 1978 law is unconstitutional, citing George Orwell's 1984: "Who controls the past controls the future; who controls the present controls the past."
- Watchdog groups American Oversight and the American Historical Association argue the law ensures public accountability, while amicus briefs from 106 members of Congress and 25 former national security officials warn that invalidating it would hinder government continuity.
- During Friday's hearing, the appeals panel appeared skeptical of the Justice Department's argument that the act is unconstitutional, with one judge calling the government's position "sad."
- The case is expected to reach the Supreme Court, as it tests the limits of presidential control over historical records and the extent to which Congress can regulate executive branch documentation.
14 Articles
14 Articles
Appeals court questions Trump push to own presidential records
A federal appeals court appears likely to dismiss President Donald Trump’s argument that a law ensuring presidential papers are retained by the government is unconstitutional. Trump’s legal team has argued that the 1978 Presidential Records Act is illegal after the president was accused of violating the law by storing classified documents at his Mar-a-Lago home. […]
Judge rips Trump DOJ lawyer to his face over ‘sad’ push for White House records: NYT
A federal appeals panel appeared deeply doubtful Friday of the Justice Department’s argument that the Presidential Records Act is unconstitutional, with one judge calling the government’s position “sad,” The New York Times reported on Friday.The 1978 law, a post-Watergate measure, treats White House records as government property that must be saved and handed to the National Archives. Justice Department lawyer John Bailey told the D.C. Circuit p…
Judges Push Back On Trump Records Act Challenge
“A federal appeals court panel sounded deeply skeptical Friday about President Donald Trump’s effort to invalidate the Watergate-era law that governs presidential records — and played a central role in the criminal charges he faced for hoarding classified documents at Mar-a-Lago,” Politico reports.
DOJ to DC Circuit: Presidential Records Act Is Unconstitutional
“You have adopted a position that says the president, whoever it is at the time on January 20, can take every record within the [Executive Office of the President and] destroy it, so that the incoming president has no information about national security threats, about planned terrorist attacks, about critical negotiations in an ongoing war, critical economic negotiations for the health of this country's economy,” said Judge Patricia Millett, of …
D.C. Circuit Court Weighs Challenge to Presidential Records Act
The U. S. Court of Appeals for the D. C. Circuit is weighing a legal challenge to the Presidential Records Act (PRA), a 1978 federal statute that mandates presidential documents be preserved as public property rather than personal assets. The case follows a move by the Justice Department to invalidate the act, arguing that the law unconstitutionally infringes upon executive prerogatives by stripping the president of ownership over records create…
Coverage Details
Bias Distribution
- 46% of the sources are Center
Factuality
To view factuality data please Upgrade to Premium
