A federal lawsuit has been filed against President Donald Trump by historians and government transparency advocates seeking to enforce compliance with presidential records preservation requirements.
The American Historical Association joined forces with American Oversight to challenge the administration in Washington federal court on Monday, following the Justice Department’s recent declaration that the Presidential Records Act violates constitutional principles.
The organizations are requesting the court to affirm the legitimacy of the nearly five-decade-old records law and prevent federal agencies from following the Justice Department’s legal opinion that labeled the statute unconstitutional.
Court documents also seek a judicial order that would mandate Trump’s adherence to the records law once his presidency concludes.
According to the filing, “This case is about the preservation of records that document our nation’s history, and whether the American people are able to access and learn from that history.”
The White House responded with a statement saying: “President Trump is committed to preserving records from his historic Administration and he will maintain a rigorous records retention program.”
Chioma Chukwu, who leads American Oversight, criticized the Justice Department for “pushing a sweeping view of presidential power that would hand control of those records to the White House — a position the Supreme Court has already rejected.”
The 1978 Presidential Records Act establishes guidelines for managing and safeguarding presidential documents, including procedures for record disposal. These materials are transferred to the National Archives and Records Administration when each presidency ends.
On April 1, the Justice Department’s Office of Legal Counsel issued a memorandum stating the law interferes with executive branch “independence and autonomy,” concluding that presidents may ignore it as constitutionally invalid.
T. Elliot Gaiser, the Trump-appointed director of the legal counsel office, authored the memo arguing the records law “exceeds any preservation power because Congress cannot preserve presidential records merely for the sake of posterity.”
The plaintiffs contend this memorandum conflicts with a 1977 Supreme Court ruling that validated an earlier presidential records preservation statute, asserting the executive branch lacks power to override that judicial decision.
The legal filing notes that no presidential administration from either major political party, including Trump’s first term, had challenged the records law’s constitutional validity since its passage.
The case has been assigned number 1:26-cv-01169 in the U.S. District Court for the District of Columbia.
Legal representation for the plaintiffs includes Daniel Jacobson from Jacobson Lawyers Group and Loree Stark from American Oversight, while defense counsel has not yet been announced.
