DOJ Moves to Kill Watergate-Era Law That Keeps Presidential Records Public

The Department of Justice has issued a sweeping new opinion that could gut the Presidential Records Act (PRA), a cornerstone of government transparency since the Watergate scandal. The memo from the Office of Legal Counsel argues that the PRA is unconstitutional, effectively claiming that presidential records belong to the president as private property rather than public assets.

Signed into law nearly 50 years ago, the PRA requires presidents to hand over their official records to the National Archives and Records Administration (NARA) at the end of their terms. This law has been crucial for historians, journalists, and the public to understand presidential decisions — from George W. Bush’s handling of Hurricane Katrina to Barack Obama’s Iran nuclear deal and Supreme Court nominations.

Under the PRA, these records become available to the public through the Freedom of Information Act five years after a president leaves office. The DOJ’s new stance threatens to slam the door shut on this access, replacing a window into the highest office with a brick wall.

This move comes at a time when Donald Trump’s administration is already under fire for mishandling classified documents and obstructing transparency. Just days before the memo’s release, Trump’s son unveiled plans for a “Trump Presidential Library” skyscraper in Miami — apparently aimed more at raising private funds than cooperating with NARA or facilitating public access to records.

The stakes here are enormous. Without the PRA, presidents could hoard, destroy, or sell official documents at will — turning the American story into private property. The Freedom of the Press Foundation, which has filed multiple FOIA requests for Trump-era records, warns that vital chapters of history could vanish, including materials on the CIA’s torture program, January 6, 2021, and Trump’s communications with foreign leaders like Vladimir Putin and Kim Jong Un.

This is not a partisan issue. If the DOJ’s extreme reinterpretation stands, it will empower any future president, Democrat or Republican, to operate without accountability or transparency.

We cannot allow the presidency to become a black box. Congress and the courts must act now to defend the PRA and protect the public’s right to know how presidents govern. Because when the story of America’s highest office is privatized, democracy itself is at risk.