Justice Department Declares Presidential Records Act Unconstitutional, Impacting Executive Branch Autonomy
The Justice Department has declared the Presidential Records Act, a law requiring the president to preserve and turn over certain documents to the National Archives at the end of their administration, as unconstitutional. Assistant Attorney General T. Elliot Gaiser, leading the Office of Legal Counsel, stated that the Act exceeds Congress' power and infringes on the executive branch's independence. This decision was made public and first reported by Axios. The Presidential Records Act, enacted in 1978 following the Watergate scandal, mandates that presidential records belong to the U.S. government and must be preserved. It governs records of the president, vice president, and parts of the Executive Office, setting requirements for maintenance and access. The Act excludes personal records of a purely private nature. President Trump, who was indicted in 2023 for allegedly mishandling sensitive records, invoked this law in his defense, claiming he was allowed to keep the materials. The case concluded after he...