Trump DOJ argues Presidential Records Act is unconstitutional

The Department of Justice Office of Legal Counsel issued an opinion on April 2, 2026, concluding that the Presidential Records Act of 1978 is unconstitutional because it exceeds Congress's powers and infringes on executive branch autonomy. Assistant Attorney General T. Elliot Gaiser wrote that the PRA improperly aggrandizes the legislative branch at the expense of presidential control over records generated by the executive. The opinion, filed in a brief in Judicial Watch v. National Archives, would effectively nullify the Watergate-era law requiring presidents to preserve and transfer official records to the National Archives. The American Historical Association and American Oversight immediately filed suit challenging the DOJ determination.