President Trump’s Justice Department has determined that the Presidential Records Act “exceeds Congress’ powers at the expense of the constitutional independence and autonomy of the executive branch,” according to a senior White House official.
Passed after Watergate as a safeguard against government corruption, the law states that official records of a president’s decisions and policies belong to the U.S. government rather than the president.
The department’s legal counsel concluded that Congress cannot compel the executive branch to preserve all records. “Congress does not have the power to compel an entire branch of government to create and save every single possible piece of paper,” the official said.
President Trump has directed White House staff to preserve records for historical, administrative, and legal purposes, while maintaining that Congress can obtain information through the traditional negotiation process. Officials say the White House is weighing next steps and plans to discuss how to proceed with the National Archives and Records Administration.
