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Lawsuit challenges Justice Department memo that declared presidential records law unconstitutional

The groups say the memo could let Trump keep or destroy records, and they warn public access to millions of White House files is at risk.

  • On Monday, the American Historical Association and American Oversight filed a lawsuit in Washington, D.C., challenging a Justice Department memo declaring the Presidential Records Act unconstitutional.
  • The Justice Department's Office of Legal Counsel issued an opinion on April 1 arguing the 1978 statute 'serves no identifiable and valid legislative purpose' and intrudes on executive independence.
  • Plaintiffs argue the memo provides a 'permission slip' to disregard recordkeeping laws, warning of a 'substantial likelihood' that President Donald Trump will destroy or retain official records after leaving office.
  • The lawsuit asks a federal judge to declare the PRA constitutional and block the administration from relying on the memo to evade recordkeeping duties.
  • Citing 1978 Watergate-era precedent, groups warn the policy nullifies Supreme Court rulings that settled presidential record ownership 50 years ago in Nixon v. Administrator of General Services.
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Historians sue over Trump's attempt to ignore Presidential Records Act

U.S. President Donald Trump attends a news conference in James S. Brady Press Briefing Room of the White House on April 06, 2026, in Washington, DC. President Trump spoke about the successful military mission to rescue a weapons systems officer whose F-15E Strike Eagle was shot down in Iran. (Photo by Anna Moneymaker/Getty Images) (WASHINGTON) — The world’s largest association of historians is suing the Trump administration over a recent effort …

·Baltimore, United States
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Maryland Daily Record broke the news in on Monday, April 6, 2026.
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