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Appeals Court Questions Justice Dept. Claim That Trump Owns White House Records
The New York Times • • nation
Key Points:
- A panel of appeals court judges expressed strong skepticism toward the Justice Department's claim that the Presidential Records Act (PRA) is unconstitutional.
- The PRA, enacted in 1978, requires that White House records be preserved as government property and transferred to the National Archives after a president leaves office.
- The Trump administration argues that Congress overstepped by mandating the preservation of executive branch records, viewing them as personal property of the president.
- During the hearing, government lawyer John Bailey described the PRA as an unconstitutional intrusion and outdated in today's polarized political climate, suggesting it could lead to misuse of records for partisan purposes.
- Judge Cornelia Pillard countered this view, emphasizing that the separation of powers protects the presidency as an institution, not just the current officeholder, and rejected the notion that the PRA is unconstitutional.
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