DOJ Presidential Records Act argument threatens to send us back to time of presidents burning papers
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By Austin Sarat
Published on April 17, 2026.
The US Presidential Records Act, introduced in 1978, established new rules for the official records of a president and changed who legally owned the papers. The act required that records be furnished to the White House Archivist and made subject to public disclosure. However, the Trump administration is attempting to undo this, arguing that the act violates the separation of powers. The Justice Department’s Office of Legal Counsel (OLC), known as the OLC, has issued an opinion claiming that the presidential Records Act is unconstitutional. Public interest groups and historians have reacted with alarm, calling the act a protection against presidents hiding evidence of corruption, abuse of power, and misconduct from the public. The outcome of this case will be decided by a judge.
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