Appeals Court Challenges Trump Bid to Void 1978 White House Records Law
Updated
Updated · The New York Times · Oct 16
Appeals Court Challenges Trump Bid to Void 1978 White House Records Law
3 articles · Updated · The New York Times · Oct 16
Summary
A three-judge D.C. Circuit panel signaled strong doubt Friday that the Justice Department can invalidate the Presidential Records Act and treat White House records as a president’s personal property.
Government lawyer John Bailey argued the 1978 law is an unconstitutional intrusion on presidential power because Congress cannot require the executive branch to preserve and surrender its records.
Judge Cornelia Pillard sharply pushed back, calling that view partisan and rejecting the idea that separation of powers protects only the current president rather than the office itself.
The law requires White House records to be preserved, transferred to the National Archives after a president leaves office, and largely made public over time.
The challenge, brought after the Trump administration attacked the statute, was filed by the American Historical Association and watchdog groups and could ultimately reach the Supreme Court.