Story perspectives

Judge Bates Declares PRA Constitutional, Orders Records Preservation, Excludes Trump

5/23/2026

Summary

Story summary

Judge John Bates ruled the Presidential Records Act constitutional, overturning a Justice Department memo.
He ordered chief Susie Wiles and deputy Stephen Miller to preserve records starting 9 a.m. May 26.
The injunction excludes President Donald Trump and Vice President JD Vance while the administration will appeal.
The American Historical Association and American Oversight sued after Counsel David Warrington said staff no longer must follow PRA, calling it a victory for accountability.

History

Historical Context

The 1974 Presidential Recordings and Materials Preservation Act, signed by President Gerald Ford on December 19, placed Richard Nixon’s tapes in National Archives custody to stop their destruction and curb executive secrecy. The Supreme Court upheld the law in Nixon v. Administrator of General Services, and the 1978 Presidential Records Act later extended a 12-year public-access restriction to all presidents’ records.

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Story summary

Judge John Bates ruled the Presidential Records Act constitutional, overturning a Justice Department memo.
He ordered chief Susie Wiles and deputy Stephen Miller to preserve records starting 9 a.m. May 26.
The injunction excludes President Donald Trump and Vice President JD Vance while the administration will appeal.
The American Historical Association and American Oversight sued after Counsel David Warrington said staff no longer must follow PRA, calling it a victory for accountability.

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