A federal judge has ordered the Trump administration to comply with the Presidential Records Act, rejecting the Department of Justice's (DOJ) recent opinion that the law is unconstitutional. U.S. District Judge John Bates ruled that the 1978 law, enacted after the Watergate scandal, is likely constitutional and that historians suing the administration demonstrated a 'substantial risk' of non-compliance. The injunction, effective May 26, requires most White House staff to preserve presidential and vice presidential records, though it does not apply to President Trump or Vice President JD Vance.
The ruling stems from a DOJ memo claiming the law exceeds Congress' power, arguing Trump was not obligated to comply. The American Historical Association, American Oversight, and the Freedom of the Press Foundation sued to invalidate the DOJ's opinion and enforce the law. Judge Bates wrote that upholding the DOJ's position would 'disable Congress and future Presidents,' citing the National Archives' motto: 'What is past is prologue.' The decision covers White House officials, including Chief of Staff Susie Wiles and Deputy Chief of Staff Stephen Miller, as well as the National Security Council and other executive office employees.