White House Issues New Records Guidance Amid PRA Lawsuit

On April 2, White House Counsel David Warrington issued a memo instructing staff to preserve “any material related to the performance of their duties.” The directive limits retention to physical documents and official-account emails; text messages are excluded unless they are the sole record of official decision-making, government action, or contain unique information. The memo does not specify how President Donald Trump or Vice President J.D. Vance will handle their own records, nor does it outline a final turnover plan to the National Archives.

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The memo prompted an emergency lawsuit by the American Historical Association and the watchdog group American Oversight, seeking a court order that would enforce PRA compliance on encrypted messaging apps. The Department of Justice argues the National Archives already safeguards existing records and says the plaintiffs’ claim of irreparable harm is unfounded. Senior U.S. District Judge John Bates scheduled a hearing for May 5 to consider the request.

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Acting Attorney General Todd Blanche told reporters the administration has been “a lot more transparent” than any prior one and that the Archives is actively preserving the records it already holds. The White House framed the memo as a pragmatic step to retain material that may be needed in future litigation. Key participants include David Warrington (White House Counsel), Todd Blanche (Acting Attorney General), Professor Jason R. Baron (University of Maryland), and the plaintiff groups American Historical Association and American Oversight.

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Legal scholars say the memo departs from longstanding PRA practice. Professor Baron warned the guidance “provides nothing that prevents the White House from directing the transfer or destruction of White House records, including tens of millions of e-mails.” The plaintiffs argue that exempting text messages undermines the law’s intent to capture the full governmental record, especially on encrypted platforms. The DOJ maintains that existing archival holdings eliminate any risk of loss, while the memo omits a clear process for final record turnover at the end of the administration.

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• “There is no dispute that this administration in just 14 months has been a lot more transparent than the last administration or in any administration,” — Todd Blanche, Acting Attorney General

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• “preserve any material related to the performance of their duties,” — David Warrington, White House Counsel

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• “Text messages reflecting personal conversations, workplace gossip, ministerial tasks or other workplace minutiae” need not be preserved, he said.” — David Warrington, White House Counsel

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• “Plaintiffs’ claim to irreparable harm hinges on the possibility of indiscriminate document destruction … but the record is entirely to the contrary,” — Administration (U.S. Department of Justice)

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