Trump Administration Challenges 1978 Records Law, Seeks Presidential Control of White House Papers
Updated
Updated · The New York Times · Sep 17
Trump Administration Challenges 1978 Records Law, Seeks Presidential Control of White House Papers
1 articles · Updated · The New York Times · Sep 17
Summary
A federal appeals court brief filed last week says the 1978 law requiring White House records to be preserved and later disclosed is unconstitutional.
The Trump administration argues presidents should control official papers like Supreme Court justices do, citing the judiciary’s ability to keep or even destroy official documents.
That filing frames the records law as a separation-of-powers violation, saying Congress imposed on the presidency constraints it has not applied to judges and justices.
For most of U.S. history, presidents’ and justices’ papers were generally treated as private property, making the case a broader test of who owns official government records.
If Supreme Court justices can keep deliberations private for decades, why are presidents constitutionally required to make their working papers public?
If presidential records become private property, how will future administrations manage national security crises without past intelligence files?