Justice Department says Presidential Records Act is unconstitutional

newsApr 2, 2026

The Justice Department's Office of Legal Counsel issued a memo concluding the 1978 Presidential Records Act is unconstitutional. The memo says the PRA exceeds Congress's oversight and preservation powers and lacks a valid legislative purpose. If implemented, the opinion would let presidents treat official records as private property, keeping or destroying documents instead of turning them over to the National Archives. That change would undercut decades of law and cripple congressional oversight, historical preservation, and criminal investigations.

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Justice Department OLC memo declares the Presidential Records Act unconstitutional.

The ruling would let presidents keep or destroy official records.

The change would block Congress, archivists, and prosecutors from accessing records.

3 sources

nbcnews.comTrump does not have to turn over presidential records, Justice Department says cbsnews.comJustice Department says law requiring president to turn over records at end of administration is unconstitutional wapo.stJustice Dept. says the Presidential Records Act is unconstitutional

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Justice Department says Presidential Records Act is unconstitutional

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