Trump Sued Over DOJ Memo Declaring Presidential Records Law "Unconstitutional"

Less than a week after the Department of Justice handed Donald Trump legal cover to ignore records preservation laws, historians and government watchdogs are fighting back in federal court.

The American Historical Association (AHA) and nonprofit American Oversight filed a 46-page lawsuit in Washington, D.C., challenging an April 1 DOJ Office of Legal Counsel memo that declared the Presidential Records Act "invalid in its entirety" and "unconstitutional." The memo gave Trump permission to stop complying with a law that's been in place since Watergate -- one that requires presidents to preserve official records for the National Archives and, ultimately, the American people.

The plaintiffs warn there's now a "substantial likelihood" that Trump "will keep or destroy numerous records after his term in office."

The Law Trump Wants to Ignore

The Presidential Records Act was enacted after Richard Nixon's Watergate scandal to ensure that presidential records belong to the public, not the president. It requires the chief executive to "adequately" document official activities, deliberations, and decisions, then submit those records to the National Archives.

For nearly half a century, every president has followed this framework. Until now.

The DOJ's April 1 memo went so far as to claim Congress "cannot preserve presidential records merely for the sake of posterity." It referenced Trump's dismissed Mar-a-Lago classified documents case -- the one where he was accused of hoarding sensitive national security materials at his private club -- and complained about "attempts to subject a former President to criminal liability for his handling of presidential records."

That argument didn't work when Trump's own defense attorney, Todd Blanche, made it in court. Now Blanche is acting attorney general, and he's making the same argument from inside the DOJ.

What's at Stake

The lawsuit argues that the Trump administration's policy doesn't prohibit the president, Vice President JD Vance, or their staffs from using apps that auto-delete messages. It doesn't require Trump to preserve paper records or other physical materials that qualify as presidential records under the law.

In other words, Trump can now destroy evidence of his official conduct -- or take it with him when he leaves office.

"The Executive Branch has declared the power to override the legal determinations of the U.S. Supreme Court, in order to override the laws passed by Congress to preserve and provide public access to official records of the President's activities," the complaint states. "As of this moment, the Administration believes that the President is legally free to destroy records of his official government conduct, or even spirit away the records for his own future personal use."

The plaintiffs are asking Senior U.S. District Judge Beryl Howell, a Barack Obama appointee, to declare the Presidential Records Act constitutional, force acting Archivist Ed Forst to comply with the law, and require the defendants to disclose any known instances where Trump has already destroyed or converted records for personal use.

"These Records Belong to the American People"

American Oversight executive director Chioma Chukwu didn't mince words about what's happening.

"Since Watergate, Congress has made clear that presidential records belong to the American people -- not to any one president," Chukwu said. "The White House does not get to decide what is preserved, what is hidden, or what is destroyed. The law sets an independent process, followed by every administration for nearly half a century, to safeguard public access. If that framework is cast aside, it puts critical records at risk of being controlled, concealed, or even destroyed before the public ever has a chance to see them."

Dr. Sarah Weicksel, executive director of the AHA, echoed that point, quoting her organization's 1910 argument for establishing a National Archives: these records are "materials which historians must use in order to ascertain the truth."

"Presidential records are essential for transparency and accountability in our democracy; they are also essential sources for researching and understanding the American past," Weicksel said. "Those records and the history they tell belong not to any individual, but to the American people."

A Pattern of Obstruction

This isn't the first time Trump has treated official records like personal property. His Mar-a-Lago documents case -- dismissed by Judge Aileen Cannon on the dubious grounds that special counsel Jack Smith was unlawfully appointed -- centered on allegations that he took classified materials, stored them in a bathroom and ballroom, and refused to return them despite a federal subpoena.

Now, with the DOJ's blessing, he doesn't even have to pretend to follow the rules.

The lawsuit makes clear what's at risk: a president who believes he can hide or destroy records of his official conduct operates without accountability. And when presidential records disappear, so does the public's ability to know what their government is doing in their name.

The case has been assigned to Judge Howell. Whether she'll stop Trump from treating the historical record like his personal filing cabinet remains to be seen.