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Judge orders White House staff to comply with presidential records law that DOJ calls unconstitutional

Judge John Bates said the law is likely constitutional and required most White House employees to preserve presidential and vice presidential records.

  • U.S. District Judge John Bates ruled Wednesday that White House staff must preserve official records, opening his 54-page decision with George Orwell's quote 'Who controls the past controls the future' to reject the administration's constitutional challenge.
  • Last month, the Trump administration challenged the 1978 Presidential Records Act through a Justice Department memo, prompting White House Counsel David Warrington to tell staff they no longer had to comply and triggering lawsuits from the American Historical Association and American Oversight.
  • Bates invoked Shakespeare's 'What is past is prologue' and noted every president for nearly 50 years, including Trump in his first term, has complied with the Act without challenging its constitutionality, writing that Congress has power under the Constitution's Property Clause to regulate records.
  • White House Chief of Staff Susie Wiles, Homeland Security Advisor Stephen Miller, and other officials must preserve records starting May 26, though President Trump and Vice President JD Vance remain exempt from the directive, which Chioma Chukwu called an 'important victory for presidential accountability.'
  • An appeal is expected as the government faces a May 26 compliance deadline, with legal experts suggesting the ruling sets up major future confrontations between presidential autonomy and congressional oversight authority.
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A federal judge formally ordered the White House to continue to comply with the requirements of the Presidential Records Act. The decision slows down an attempt by the government to evade this rule, even though the Justice Department itself (DOJ) had previously concluded that the law unconstitutionally invades the powers of the president. What happened to the Presidential Records Act and the White House? The conflict escalated when the Justice D…

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arcamax.com broke the news on Wednesday, May 20, 2026.
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