Full Breakdown
Trump Administration’s Challenge to the Presidential Records Act
6/3/2026, 9:28:02 PM
OLC Memo
In April 2024 the Office of Legal Counsel, Attorney General T. Elliot Gaiser, issued a memorandum declaring the PRA “invalid in its entirety” and that a president may ignore it. On May 20, 2024 a district court issued a preliminary injunction requiring White House to continue complying with the PRA as the case proceeds.
Legal Background
Congress enacted the PRA in 1978 to preserve presidential documents and require transfer to the National Archives. The Supreme Court upheld the law in United States v. Nixon (1974) and Nixon v. Administrator of General Services (1977). Trump v. Mazars (2020) set a test for congressional subpoenas; United States v. Trump (2024) established presidential immunity. The 2024 OLC memo, challenged by American Oversight and the American Historical Association, led to a district-court injunction. A 2017 investigation found six Trump aides—including Jared Kushner and Ivanka Trump—used private accounts for business.
Stakes
If the Supreme Court upholds the OLC view, presidents could restrict or monetize access to records, weakening congressional oversight and accountability. A Florida college’s transfer of downtown-Miami real estate valued at “tens of millions of dollars” to Donald J. Trump Presidential Library Foundation for $10 illustrates how record ownership could be linked to profit-making ventures.
Reactions
The OLC memo claims the PRA is unconstitutional; district court ordered continued compliance, while advocacy groups argue the administration must follow statutory framework, securing an injunction. Legal scholars criticize the memo as a departure from the OLC’s duty to provide advice grounded in law, noting it “breaks precedent” and conflicts with internal rules. No judicial ruling on the PRA’s constitutionality has been issued, leaving issue unresolved pending Supreme Court review.
Quotes
- “the PRA is invalid in its entirety,” because Congress lacks the constitutional authority “to regulate or access the President’s records absent a valid legislative purpose, and no such purpose exists for the PRA.” — T. Elliot Gaiser, Assistant Attorney General, OLC
- “The Court invented a new doctrine of presidential impunity from criminal prosecution.” — David A. Graham, writer, The Atlantic
- “If the Supreme Court grants Trump private ownership of some or all of his records, then he will have the freedom to use them however he likes in his library.” — David A. Graham, writer, The Atlantic
- “The OLC must provide advice based on its best understanding of what the law requires … even if that appraisal will constrain the Administration’s or an agency’s pursuit of desired practices or policy objectives.” — Office of Legal Counsel
Outlook
The district-court case will continue, and both parties have signaled intent to appeal. A Supreme Court review could set a precedent for presidential record-keeping and decide whether future administrations may treat official documents as private property.
