Trump Can Keep Presidential Records, DOJ Opinion Says

Lawyers at the U.S. Justice Department say President Donald Trump does not have to hand over his presidential records to the National Archives and Records Administration, rejecting a law that has governed presidential documents for nearly five decades.

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In a legal opinion issued by the Justice Department’s Office of Legal Counsel, Assistant Attorney General T. Elliot Gaiser said the Presidential Records Act is unconstitutional. The 1978 law requires presidential documents to become public property and to be transferred to the archives after a president leaves office.

DOJ challenges Watergate-era records law

The 52-page opinion argues that the statute exceeds Congress’s authority. It says the law lacks a clear legislative purpose and improperly interferes with the executive branch.

According to the opinion, Congress cannot claim authority to preserve presidential records simply to maintain historical archives. It also argues that lawmakers cannot compel the president to surrender such documents because doing so intrudes on executive independence.

Potential shift in how records are handled

If adopted by the Trump administration, the legal interpretation could overturn long-standing practice governing presidential materials.

The Presidential Records Act was introduced following the Watergate scandal and transferred ownership of presidential records from private control to the public. Since the presidency of Ronald Reagan, every administration has followed the law, which places the archives agency in charge of official records once a president leaves office.

Those records include emails, phone logs and other documents produced by the president and White House staff while carrying out official duties. Under current rules, former presidents have up to 12 years to transfer all presidential records to the National Archives. The Justice Department’s opinion states that Congress overstepped by attempting to control presidential papers in this way. It says lawmakers cannot “expropriate” the president’s documents, arguing that such authority would undermine the constitutional separation of powers.

Background of earlier records dispute

The opinion comes a day after Trump revealed an early preview of plans for his presidential library. The decision could also affect future public access to presidential documents. During the period after Trump’s first presidency, authorities accused him of violating the Presidential Records Act by storing boxes of government documents at his Mar-a-Lago residence.

Trump was later indicted over allegations that he kept classified materials and obstructed efforts to retrieve them. The case was dismissed after U.S. District Judge Aileen Cannon raised concerns about the appointment of special counsel Jack Smith. With roughly three years remaining in Trump’s second presidential term, the Justice Department opinion states the president “need not further comply” with the statute governing the transfer of presidential records.

The Office of Legal Counsel provides legal advice for the executive branch. Any attempt to formally implement the position could face legal challenges in court.

Author’s background draws scrutiny

The opinion was written by Gaiser, who previously worked for Trump’s 2020 election campaign. In that role he supported legal challenges to the vote results.

During his confirmation process, Gaiser declined to say whether Trump won the election. Instead, he said Joe Biden had been certified as the winner and sworn in as president in January 2021.

Responding to questions from lawmakers, Gaiser also cited attorney-client confidentiality when asked whether he discussed election-related legal strategies with lawyer John Eastman.

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Adapted by ASEAN Now. Source 3 April 2026

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