WOOT!!! COURT ENJOINS TRUMP ADMIN: YOU MUST COMPLY WITH THE PRESIDENTIAL RECORDS ACT
Here’s the background: The Trump administration has asserted that it doesn’t have to comply with the Presidential Records Act (PRA) because, it claims, the PRA is unconstitutional.
Now we in the legal biz have a term for such claims: bullpucky.
This all stems from a communique put out by the DOJ Office of Legal Counsel, which I imagine might have been in response to Trump asking something like “How can I get around the Presidential Records Act and not have to produce all of my presidential documents this term, as that whole “taking them with me and squirreling them away at Mar-a-Lago in my first term turned out to be such a hassle.”
The Office of Legal Counsel came out with a *52*-page document (included for Notes from the Front members) that basically said “Here’s a way that you can argue that the PRA is unconstitutional.”
That was on April 1 (yep).
The *non-partisan* research branch of Congress, the Congressional Research Service, needed only 6 pages to refute that, which it did on May 15th (so a week ago). (Also included for Notes from the Front members.)
In the meantime, on April 24th, the Freedom of the Press Foundation and the American Historical Association had filed a lawsuit to force Trump’s people to comply with the PRA.
This case went from filing to order with lightning speed. Filed April 24th, and yesterday, *not even a month later*, the Court issued an order and injunction.
Not to be outdone in terms of length and the OLC’s 52-page document, in a 54-page opinion (included for Notes from the Front members) John John Bates basically says “How do I smack thee? Let me count the ways.”
Ok, here’s a bit of what he really says:
“The government asserts that the 2026 Records Guidance and its actions pursuant to that guidance are lawful because the President has inherent authority to manage Executive Branch records. But this is not a case where the President exercises executive power upon a blank slate – Congress has already legislated on the matter by enacting the Presidential Records Act. As analyzed above in the discussion of standing, the 2026 Records Guidance likely does not comply with the Presidential Records Act. And the Act does not provide a basis for the President to disregard its statutory requirements. The Constitution obligates the President to “Take Care that the Laws be faithfully executed.” U.S. Const. art. II, § 3. Hence, the President’s inherent authority to manage records is only sufficient to justify the 2026 Records Guidance if Congress lacked the power to pass the Act or the President nevertheless has a constitutional basis to disregard it. Neither is likely true.”
And:
“The Records Act is carefully crafted to minimize the likelihood of a present imposition on candor. Records are sequestered for five years after the President leaves office, and the President may extend that period to 12 years in certain circumstances. The sequestration provision ensures that any records of an advisor giving the President unpopular advice will not become public until long after the salience of the issue has faded.”
Then, in a short and concise order, he enjoins (in this case it means requires) the Executive Office of the President, the White House Office, the Office of the Vice President, and Chief of Staff to the President Susie Wiles to “Comply in full with the provisions of the Presidential Records Act” *and* to “Preserve and not destroy or delete presidential and vice presidential records as defined under the Presidential Records Act” (except insofar as records disposal is permitted in accordance with the procedures set out in the PRA).
It takes effect next Tuesday morning (to allow them time to appeal).
By the way, you would not *believe* how many times the name “Nixon” appears in these documents! 😂 😢
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P.S. If you actually read all the way to the bottom please leave a comment that includes the word “bullpucky”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is talking about bullpucky! ;~)
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