Mark J. Rozell & Mitchel A. Sollenberger poke holes in the administration’s claim that requiring preservation of official materials is unconstitutional.
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en English
Jun 3, 2026
Mark J. Rozell
and Mitchel A. Sollenberger
By enacting the Presidential Records Act in response to Richard Nixon’s malfeasance, the US Congress created a process to limit abuse of power and ensure accountability. Like Nixon, Donald Trump seems determined to avoid accountability, which has led his Justice Department to argue—poorly—that the PRA is unconstitutional.
The Trump administration is pushing for a return to pre-Nixon days when US presidents could do whatever they wanted with…
"As of this moment, the Administration believes that the President is legally free to destroy records of his official government…
A federal judge has ordered the Trump administration to comply with the Presidential Records Act, rejecting a Justice Department…
An extraordinary constitutional claim from OLC threatens decades of practice—and now faces the courts.
The president’s battle over presidential records is more serious than it looks.
A federal judge has ruled that Trump can’t violate the Presidential Records Act just because he feels like it.
