Donald Trump's administration is asking an appeals court to accept its position that documents created in the White House are property of the president rather than of the public. NPR reported that administration attorneys would present arguments Friday in a case challenging the Presidential Records Act.
The law was established in 1978 after disputes surrounding Richard Nixon's records. The Justice Department moved to invalidate it earlier this year. The present case raises the question of who controls the documentary record of an administration and whether future officials, researchers and citizens can continue to consult it.
Competing Claims About Authority
White House spokeswoman Lauren Bis has argued that the law violates the separation of powers. According to NPR, the administration also contends that preservation requirements place burdens on staff and could inhibit frank conversations with a president.
Citizens for Responsibility and Ethics in Washington is opposing the administration's position. The group's chief counsel, Nikhel Sus, warned that a ruling in Trump's favor could undermine the public's access to presidential materials. Senior U.S. District Judge John Bates ruled against the administration earlier this year, prompting the appeal.
Conservative attorney Michael Edney has raised constitutional concerns about the law while also acknowledging that Congress could adopt a more narrowly tailored records statute.
The Consequences Beyond Trump
John Bellinger, a former National Security Council legal adviser under George W. Bush, told NPR that records of past administrations can help officials understand exchanges with foreign leaders. Such records, he argued, are important to government continuity.
The current dispute follows a separate classified-documents prosecution against Trump. That case was dismissed over questions involving the prosecutor's appointment, and the Justice Department later abandoned it. NPR reports that the constitutional challenge to records law could eventually reach the Supreme Court.
Reporting sources: NPR Topics: Politics: Do Americans own the president's papers? Appeals court to weigh in.