{"id":27,"date":"2026-05-19T18:08:30","date_gmt":"2026-05-19T18:08:30","guid":{"rendered":"https:\/\/cityrelocationnews.com\/?p=27"},"modified":"2026-05-19T18:08:30","modified_gmt":"2026-05-19T18:08:30","slug":"will-donald-trump-be-allowed-to-destroy-his-records","status":"publish","type":"post","link":"https:\/\/cityrelocationnews.com\/?p=27","title":{"rendered":"Will Donald Trump Be Allowed to Destroy His Records?"},"content":{"rendered":"
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Donald Trump has long chafed at demands that he preserve Presidential records. During his first term, he had a habit of tearing documents into tiny pieces after he was finished with them; he persisted despite two chiefs of staff and the White House counsel urging him to stop, leaving White House employees with the task of taping them back together for archiving. \u201cHe didn\u2019t want a record of anything,\u201d a former senior Trump official told the Washington Post<\/em>. \u201cHe never stopped ripping things up.\u201d Maggie Haberman, in her 2022 book, \u201cConfidence Man,\u201d described how Trump, during his first term, \u201cwould periodically throw print paper into the toilet, which would clog the pipes and require engineers to clear them; staff sometimes found clumped-up paper themselves, with his handwriting on it, and recalled it happening on some foreign trips.\u201d<\/p>\n

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Trump\u2019s apparent frustration with government demands for his records erupted after he left office, when he was investigated by the special counsel Jack Smith and charged with improper retention of classified documents. (The charges were eventually dismissed by U.S. District Judge Aileen Cannon, on the ground that Smith had been improperly appointed.) Boxes from the White House, some containing classified material, had been found crammed into a bathroom at Mar-a-Lago, next to a toilet and below a crystal chandelier. The Times<\/em> reported that, according to several of Trump\u2019s advisers, when officials from the National Archives pressed for the return of the records, Trump said, \u201cIt\u2019s not theirs; it\u2019s mine.\u201d<\/p>\n

In his second term, Trump seems determined to operationalize that \u201cmine, mine, mine\u201d world view. His White House counsel, David Warrington, asked the Justice Department\u2019s Office of Legal Counsel to review the constitutionality of the Presidential Records Act of 1978, which requires that Presidents\u2019 records be preserved while they are in office and transferred to the National Archives once their terms are up. The O.L.C.\u2019s opinion, released last month, declared that the law is unconstitutional\u2014that \u201cCongress cannot preserve presidential records merely for the sake of posterity\u201d and that, in addition, the law infringes on \u201cthe constitutional independence and autonomy of the Executive.\u201d Therefore, the opinion concluded, \u201cthe President need not further comply with its dictates.\u201d<\/p>\n

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Two lawsuits were quickly filed\u2014one by the American Historical Association and American Oversight, a government-transparency organization, and the other by the Freedom of the Press Foundation and Citizens for Responsibility and Ethics in Washington\u2014to require the White House to follow the law. \u201cThis case is about the preservation of records that document our nation\u2019s history, and whether the American people are able to access and learn from that history,\u201d the American Historical Association lawsuit asserts, warning of \u201ca clear danger that official government records of the highest importance will be irretrievably lost.\u201d On Wednesday, U.S. District Judge John Bates held a hearing on a request by the groups that he order the Administration to comply with the records law as the case proceeds.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Enacted in the wake of Watergate and the struggle for control of Richard Nixon\u2019s White House tapes, the Presidential Records Act provides that a President\u2019s official records are government property. (An earlier version of the Presidential-records law, passed in 1974, applied only to Nixon.) The law allows a President to exclude personal records, sets out timetables for releasing documents once the President has left office, and provides a mechanism for asserting executive privilege to keep certain material secret. (Trump unsuccessfully sued under that provision when the House Select Committee on January 6th sought access to his first-term records.)<\/p>\n

The Administration, in its court papers, presents the Presidential Records Act as an \u201cunconstitutional and ahistorical imposition on presidential autonomy.\u201d Beginning with George Washington, who took his papers home to Mount Vernon and made no provision for public access, Presidents have treated their records as \u201cpersonal property,\u201d the Administration argues. \u201cJust as it would flout the separation of powers for Congress to require the Supreme Court to broadly disclose its deliberative records to the public pursuant to legislative edict, so it is with the PRA.\u201d<\/p>\n

This history is correct but incomplete; it ignores a half century of Presidential compliance. Gary Stern, who served as general counsel of the National Archives for twenty-six years, collaborated with five Administrations\u2014from Bill Clinton\u2019s to Joe Biden\u2019s\u2014on preserving and releasing Presidential records. Under George W. Bush, Stern worked with Brett Kavanaugh, then a White House lawyer, as the White House crafted an executive order implementing the law. Stern recalled that those Administrations \u201call had their frustrations and complaints.\u201d But \u201cno one ever suggested that the law was unconstitutional,\u201d he told me. \u201cEveryone worked very constructively, including Trump 45 and his White House counsel, to implement the P.R.A. and make it work.\u201d<\/p>\n

Worse, the Administration\u2019s account directly contradicts a Supreme Court decision. In 1977, the Justices rejected Nixon\u2019s claim that the previous version of the Presidential Records Act violated the separation of powers and infringed executive privilege. The Court, voting 7\u20132, said that, given the \u201csafeguards built into the Act\u201d to protect confidential information and \u201cthe minimal nature of the intrusion into the confidentiality of the Presidency, we believe that the claims of Presidential privilege clearly must yield to the important congressional purposes of preserving the materials and maintaining access to them for lawful governmental and historical purposes.\u201d In the decades since, of course, historians have mined the tapes and other Presidential material. Imagine an alternate world in which Nixon had instead been free to destroy those records.<\/p>\n

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The O.L.C. opinion, signed by Assistant Attorney General T. Elliot Gaiser, flicked this precedent aside. Nixon\u2019s case, it asserted, \u201cis distinguishable because it addressed a materially narrower statute under extraordinary circumstances.\u201d Even more audaciously, the opinion added, the Court\u2019s \u201cseparation of powers analysis is wrong,\u201d because it fails to recognize that \u201ccongressional regulation of presidential records implicates the foundational constitutional principle of executive independence.\u201d It dismissed the majority opinion, by the liberal Justice William Brennan, as reflecting an outdated, ancien-r\u00e9gime understanding of separation of powers, before a conservative majority adopted a new, pumped-up interpretation of executive authority.<\/p>\n

O.L.C. similarly discounted congressional testimony the following year by the Deputy Assistant Attorney General, Larry Hammond. \u201cIt is well established that the work product of government employees prepared at the direction of their employer or in the course of their duties is government property,\u201d Hammond told lawmakers. \u201cShould Congress choose to extend this principle to cover records prepared or received by the President in the course of his duties, no substantial problems would, in our view, be raised.\u201d The O.L.C. opinion dealt with this inconvenient testimony in a footnote: \u201cThat advice has not withstood the test of time.\u201d<\/p>\n

I recently spoke with Sarah Weicksel, the executive director of the American Historical Association. She acknowledged, \u201cOrdinary people might think, \u2018Oh, what does this have to do with me?\u2019 It actually has a lot to do with all of us. Presidential records are essential for the transfer of power between Administrations and helping lawmakers understand how past decisions were made. They are essential for historians who come five, ten, fifteen, fifty, a hundred years later, asking historical questions about an Administration or about American life in the twenty-twenties. I think what\u2019s the most important thing at stake is the ability of Americans in twenty, fifty years to be able to have access to a full history of the United States in this time period.\u201d Future historians could find themselves searching in vain for records on Presidential decision-making about whether to launch the war with Iran, fire Cabinet secretaries, or grant pardons.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Chioma Chukwu, the executive director of American Oversight, warned of the long-term consequences if the O.L.C.\u2019s advice is followed. \u201cThe Administration is trying to upend decades of settled law so that President Trump, and, frankly, any President who comes after him, would have unilateral control over the records that the public is entitled to,\u201d she told me. \u201cThe White House does not get to decide what is preserved, what\u2019s hidden, what\u2019s destroyed, because the law is very clear that these records belong to the American people, not to any one President.\u201d<\/p>\n

The day after the opinion was released, Warrington, the White House counsel, released new guidance instructing staff that \u201ceven in the absence\u201d of the law, they \u201cshould preserve any material related to the performance of their duties.\u201d Those instructions have provided little comfort to the plaintiffs\u2014especially given that the Administration declined their request to confirm in writing that it would comply with the law\u2019s requirements. As Daniel Jacobson, representing the American Historical Association, told Bates at Wednesday\u2019s hearing, \u201cThis is not some academic exercise where they\u2019re still going to act exactly in accord with the P.R.A., and they just wanted to make it clear they think this law is unconstitutional. They issued a new policy right after for a reason.\u201d Indeed, the guidance told staff only that they \u201cshould\u201d preserve records, not that they were required to do so. It asserted that \u201ctext messages should only be preserved when they are the sole record of official decision-making, government action, or contain unique information not available elsewhere,\u201d arguing that doing otherwise would \u201ccreate an enormous technological burden while chilling the ability of presidential advisors to provide candid advice.\u201d The guidance, Jonathan Maier, the attorney for the Freedom of the Press Foundation, told Bates, \u201cis not only permitting<\/em> Presidential records not to be retained\u2014it\u2019s actually instructing<\/em> Presidential records not to be retained.\u201d<\/p>\n

The Administration\u2019s lawyer, James Powers, argued that the Warrington guidance would protect the groups\u2019 interest in insuring that records remain available. Bates, a George W. Bush appointee, seemed skeptical of that claim. \u201cOn the one hand, you\u2019re arguing that the guidance that you\u2019re following is substantially equivalent to the Presidential Records Act,\u201d he told Powers. \u201cAnd on the other hand, you\u2019re arguing that following the Presidential Records Act would be extremely burdensome to the Presidency. I don\u2019t see how those fit together.\u201d Bates also expressed concern that, under the Administration\u2019s view of the case, its determination that the Presidential Records Act is unconstitutional cannot be challenged in court. \u201cThis President and succeeding Presidents, if they chose to, could simply ignore the Presidential Records Act, not do anything consistent with their Presidential Records Act, and it would never be subject to judicial review,\u201d he told Powers. \u201cIsn\u2019t that your position that you\u2019re articulating?\u201d Powers responded, \u201cAny such review would be extremely narrow, and would certainly not be on the circumstances presented here.\u201d In the Administration\u2019s view, he said, \u201cthe records that the P.R.A. requires to be preserved are being preserved.\u201d\u00a0\u2666<\/p>\n

Read more Can the Democrats Take Back the Senate?<\/a><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Ruth Marcus on Donald Trump\u2019s challenge to the Presidential Records Act of 1978.<\/p>\n","protected":false},"author":1,"featured_media":26,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-27","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-lede"],"yoast_head":"\nWill Donald Trump Be Allowed to Destroy His Records? - City Relocation News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/cityrelocationnews.com\/?p=27\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Will Donald Trump Be Allowed to Destroy His Records? - City Relocation News\" \/>\n<meta property=\"og:description\" content=\"Ruth Marcus on Donald Trump\u2019s challenge to the Presidential Records Act of 1978.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/cityrelocationnews.com\/?p=27\" \/>\n<meta property=\"og:site_name\" content=\"City Relocation News\" \/>\n<meta property=\"article:published_time\" content=\"2026-05-19T18:08:30+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/cityrelocationnews.com\/wp-content\/uploads\/2026\/05\/c913840333f4c65f20659c58e8ce86eb.webp\" \/>\n\t<meta property=\"og:image:width\" content=\"1280\" \/>\n\t<meta property=\"og:image:height\" content=\"720\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/webp\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"9 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/cityrelocationnews.com\\\/?p=27#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/cityrelocationnews.com\\\/?p=27\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/cityrelocationnews.com\\\/#\\\/schema\\\/person\\\/3e7ce0c0c60d21e12a5ac61fb2b786d4\"},\"headline\":\"Will Donald Trump Be Allowed to Destroy His Records?\",\"datePublished\":\"2026-05-19T18:08:30+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/cityrelocationnews.com\\\/?p=27\"},\"wordCount\":1842,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/cityrelocationnews.com\\\/?p=27#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/cityrelocationnews.com\\\/wp-content\\\/uploads\\\/2026\\\/05\\\/c913840333f4c65f20659c58e8ce86eb.webp\",\"articleSection\":[\"The Lede\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/cityrelocationnews.com\\\/?p=27#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/cityrelocationnews.com\\\/?p=27\",\"url\":\"https:\\\/\\\/cityrelocationnews.com\\\/?p=27\",\"name\":\"Will Donald Trump Be Allowed to Destroy His Records? 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