The American Historical Association has filed a lawsuit against the Trump administration, challenging a Justice Department opinion that deems the Presidential Records Act unconstitutional. The historians seek to prevent the destruction of White House documents. The case stems from a recent DOJ memo arguing the 1978 law violates separation of powers.
The American Historical Association asked a federal judge in Washington, D.C., last week to block government officials from destroying presidential materials. This follows a Justice Department memo from earlier this month, authored by T. Elliot Gaiser of the Office of Legal Counsel, which claims the Presidential Records Act intrudes on the president's autonomy under Article II of the Constitution. The law, passed in 1978 after Watergate, requires preservation of White House papers for public access. Both Republican and Democratic administrations had previously complied with it. Matthew Connelly, a history professor at Columbia University, described the move as showing contempt for history and citizens' rights to hold leaders accountable. Timothy Naftali, former director of the Nixon Presidential Library, linked the opinion to Trump's past handling of classified documents at Mar-a-Lago, calling it an attempt at vindication after charges were dropped post-reelection. White House spokeswoman Abigail Jackson stated that President Trump is committed to preserving records and implementing staff training on retention. However, lawyers for the historians and American Oversight noted that such training may not cover Trump or Vice President Vance. Dan Jacobson, a lawyer for the association, highlighted that the DOJ memo dismisses Supreme Court precedent from the Nixon era upholding the law. Both sides are expected in court early next month.
