President Trump's Justice Department has decided the law governing presidential records is unconstitutional—suggesting Trump, previously hit with felony charges that accused him of keeping classified documents from his first term, might not comply with it when he leaves office, per Axios. A senior White House official tells the outlet that internal legal counsel has found the 1978 Presidential Records Act improperly intrudes on the executive branch's independence by forcing presidents to hand over all official records to the National Archives and Records Administration when they leave office. Enacted in response to the Watergate scandal and President Richard Nixon's attempt to destroy evidence, the Act states that presidential records belong to the government.
But the official argues Congress "does not have the power to compel an entire branch of government to create and save every single possible piece of paper," adding it can get what it needs from the executive through "negotiation." "President Trump will continue to do just that," the official adds. The stance comes after Trump's earlier indictment over classified documents in a case that was active until his 2024 reelection caused it to be dropped; a recent DOJ memo indicates Trump kept records so sensitive only a handful of people had access, per the AP. Any attempt by Trump to retain records after his current term ends is expected to trigger legal challenges. It's not clear if the White House will push Congress to revise the law or fight it in court, but it plans talks with the National Archives on next steps, Axios reports.
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