White House must comply with Presidential Records Act, judge rules
Source: Politico
White House must comply with Presidential Records Act, judge rules
A court ordered Trump aides to ignore a Justice Department opinion that said the records law is unconstitutional.
he White House wrote in a Statement of Administration Policy that it would recommend that President Donald Trump sign the House-amended housing package. Francis Chung/POLITICO
By JOSH GERSTEIN
05/20/2026 02:44 PM EDT
A federal judge has ordered aides to President Donald Trump to continue to observe the requirements of the Presidential Records Act, despite a Justice Department opinion that found the law unconstitutionally intrudes on presidential power.
In a ruling Wednesday, U.S. District Judge John Bates concluded that the 1978 statute is likely constitutional and granted a preliminary injunction that essentially nullifies the opinion issued last month by DOJ's Office of Legal Counsel.
"The original public meaning of the text of the Constitution, canons of interpretation, Supreme Court precedent, general principles of property law, and almost 50 years of practice confirm that Congress has the enumerated power to regulate presidential records under the [Constitution's] Property Clause," Bates wrote.
Bates, a George W. Bush appointee, faulted the OLC opinion for relying on a "stark misreading" of Supreme Court precedent. He also rejected the Justice Department's arguments that the law is unconstitutional because presidential papers were considered personal property of the president until the 1970s. ... He also noted that the Trump administration observed the law without objection during his first term.
The judge's order takes effect May 26, giving the Trump administration less than a week to try to get a higher court to step in. It's unclear how uniformly the administration has been observing the DOJ opinion, since the National Archives continues to make records of prior presidents available under the law.
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Read more: https://www.politico.com/news/2026/05/20/trump-records-judge-00930190
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Chris Geidner
@chrisgeidner.bsky.social
BREAKING: Federal judge finds that Presidential Records Act is likely constitutional, issues preliminary injunction requiring compliance with the law.
Judge Bates, a George W. Bush appointee, opens his opinion with an Orwell quote.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
AMERICAN HISTORICAL
ASSOCIATION et al.,
Plaintiffs,
V.
DONALD TRUMP et al.,
Defendants.
Civil Action No. 26-1169 (JDB)
FREEDOM OF THE PRESS
FOUNDATION et al.,
Plaintiffs,
V.
DONALD TRUMP et al.,
Defendants.
Civil Action No. 26-1402 (JDB)
MEMORANDUM OPINION
"Who controls the past controls the future; who controls the present controls the past."!
Perhaps with that lesson in mind, Congress enacted laws to ensure that government records are
created, preserved, and made available to the public. Among those is the Presidential Records Act
(Records Act), which mandates the preservation of materials related to the official responsibilities of the President. In so doing, the Act democratizes the history of an indispensable institution.
Access to those records allows future Presidents to pick up where their predecessors left off, Congress to identify inefficiency and misfeasance, and the public to learn from the mistakes of the
' George Orwell, 1984 37 (Penguin Classics 2000) (1949) (citation modified).
ALT
In sum, the relevant separation of powers principles all indicate that the Presidential
Records Act is likely constitutional. The Act serves a legitimate legislative purpose, is carefully
crafted to those ends, and does not impose a substantial burden on Executive Branch activities.
Accordingly, it likely does not impermissibly encroach upon the President's authority.
Because Congress has the enumerated power to regulate presidential records, and because
the Presidential Records Act does not unduly tread on core executive power, the law is likely
constitutional. The President is not free to disregard valid laws. His actions doing so, therefore, are in excess of his constitutional authority and in violation of federal law, so plaintiffs are likely to succeed on the merits of their claims.
ALT
3:00 PM · May 20, 2026
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BREAKING: Federal judge finds that Presidential Records Act is likely constitutional, issues preliminary injunction requiring compliance with the law.
— Chris Geidner (@chrisgeidner.bsky.social) 2026-05-20T19:00:11.833Z
Judge Bates, a George W. Bush appointee, opens his opinion with an Orwell quote.
******
Chris Geidner
@chrisgeidner.bsky.social
Opinion: https://storage.courtlistener.com/recap/gov.uscourts.dcd.291186/gov.uscourts.dcd.291186.24.0.pdf
Order: https://storage.courtlistener.com/recap/gov.uscourts.dcd.291186/gov.uscourts.dcd.291186.23.0.pdf
Order on Motion for Preliminary Injunction AND Order on Motion to Stay - #23 in AMERICAN HISTORICAL ASSOCIATION v. TRUMP (D.D.C., 1:26-cv-01169) - CourtListener.com
ORDER granting in part and denying in part 13 motion for preliminary injunction and stay. See text of order and accompanying memorandum opinion for details. Signed by Judge John D. Bates on 5/20/2026....
storage.courtlistener.com
3:02 PM · May 20, 2026
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Opinion: storage.courtlistener.com/recap/gov.us...
— Chris Geidner (@chrisgeidner.bsky.social) 2026-05-20T19:02:44.181Z
Order: storage.courtlistener.com/recap/gov.us...
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