The Department of Justice (DOJ) has reportedly provided President Donald Trump with legal advice suggesting he may be able to disregard aspects of the Presidential Records Act of 1978.

Presidential Records Act Under Scrutiny

This act requires former presidents to transfer all official records to the National Archives and Records Administration (NARA). A White House official revealed the DOJ’s legal counsel now believes the law may exceed Congress’s constitutional authority.

Justification for the Advice

According to the official, “Congress does not have the power to compel an entire branch of government to create and save every single possible piece of paper.” The official also stated the White House has not been destroying documents and that Trump has directed staff to preserve records for various reasons, including historical value and potential litigation.

Background of the Case

Special Counsel Jack Smith secured a criminal indictment against Trump in 2023, alleging he illegally retained classified documents at his Mar-a-Lago estate in Palm Beach, Florida. The indictment specifically accused Trump of hoarding sensitive national security information after leaving office.

Previous Ruling and Current Status

Federal District Judge Aileen Cannon, a Trump appointee, previously dismissed the case, citing concerns about Smith’s appointment. However, the DOJ maintains Trump illegally kept classified documents and “repeatedly tried to obstruct justice” to conceal their retention.

Next Steps and Legislative History

It remains unclear whether the administration will formally challenge the Presidential Records Act in court or seek congressional action to overturn it. The White House plans to discuss the matter with NARA.

The Presidential Records Act was enacted in the wake of the Watergate scandal to prevent presidential corruption. It establishes that all official presidential records belong to the U.S. government, not the individual president.