White House Ordered to Comply with Presidential Records Act in Blow to Trump's 'Personal Agenda'

In a blow to President Donald Trump's personal agenda, a federal judge ruled that the Presidential Records Act (PRA) was constitutional and that the president's staff and other administration officials have to follow it.

'The Records Act is Likely Constitutional'

'In sum, 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 Property Clause,' Bates wrote.

'On the merits, the Records Act is likely constitutional. It was validly enacted by Congress under the Property Clause because Congress may prospectively designate presidential records as federal property and then regulate that property,'

'The PRA exceeds the oversight power because it serves no identifiable and valid legislative purpose. It exceeds any preservation power because Congress cannot preserve presidential records merely for the sake of posterity,' the DOJ's argument in its 52-page opinion.

Some of those who must comply with the order are White House chief of staff Susie Wiles, deputy chief of staff Stephen Miller, the National Security Council, Council of Economic Advisers and anyone working within the Executive Office of the President. The president and Vice President JD Vance are not covered by the judge's order. The order takes effect at 9 a.m. EST on the 26th of May.

Reactions to the Ruling

'Today's ruling is an important victory for presidential accountability and for affirming what decades of law and practice already established — the constitutionality of the Presidential Records Act,' Chioma Chukwu, executive director of American Oversight, a group opposing the DOJ said in a statement.

'The court recognized the serious danger posed by the administration's attempt to cast aside longstanding federal law governing presidential records and replace it with a system dependent largely on presidential discretion and public trust.'

A White House ‌spokesperson said ⁠the Trump administration 'has made it crystal clear we will maintain a rigorous records retention program.' The Justice Department has not put out any statement.

What is the Presidential Records Act?

According to the National Archives the PRA 'governs the official records of Presidents and Vice Presidents that were created or received after January 20, 1981 (i.e., beginning with the Reagan Administration). The PRA changed the legal ownership of the official records of the President from private to public, and established a new statutory structure under which Presidents, and subsequently NARA, must manage the records of their Administrations.

Some of the provisions of the PRA are:

• Establishes public ownership of all Presidential records and defines the term Presidential records.
• Requires that Vice-Presidential records be treated in the same way as Presidential records.
• Places the responsibility for the custody and management of incumbent Presidential records with the President.
• Requires that the President and his staff take all practical steps to file personal records separately from Presidential records.

Crucially another provision especially as it pertains to this case is that the PRA 'establishes that Presidential records automatically transfer into the legal custody of the Archivist as soon as the President leaves office.' according to the National Archives.