Two watchdog groups have filed a lawsuit against President Donald Trump, arguing his administration is improperly refusing to comply with a federal law governing the preservation of presidential records.
The American Historical Association and American Oversight filed the complaint in federal court in Washington, seeking to block what they describe as an unlawful effort to disregard the Presidential Records Act.
The dispute centers on an April 1 opinion from the Department of Justice's Office of Legal Counsel, which concluded the law is unconstitutional and that the president "need not further comply with its dictates."
The Presidential Records Act, enacted in 1978, requires the preservation of official White House records and establishes that those materials belong to the U.S. government rather than the president personally.
In its opinion, the Justice Department argued the law "exceeds Congress's enumerated and implied powers" and improperly expands legislative authority into the executive branch.
The Office of Legal Counsel also said the statute "aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive," concluding Congress cannot regulate presidential records in the manner set out under the law.
"This case is about the preservation of records that document our nation's history, and whether the American people are able to access and learn from that history," the complaint stated.
The lawsuit argues that the administration's position undermines both congressional authority and Supreme Court precedent.
"The Executive Branch has declared the power to override the legal determinations of the U.S. Supreme Court ... to preserve and provide public access to official records of the President's activities," the filing stated, adding that the administration has "nullified the determinations of the other two branches of government."
The groups are seeking a court order requiring compliance with the law and preservation of records created during Trump's presidency.
They warn that without intervention, records documenting official government activities could be destroyed or retained for personal use.
"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 complaint states.
The filing also cites past disputes over presidential records following Trump's first term, including efforts by federal authorities to recover documents from his Florida residence.
The lawsuit seeks declaratory and injunctive relief to ensure compliance with the statute and prevent what the groups describe as irreparable harm to the historical record.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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