A DOJ office just declared the Presidential Records Act unconstitutional. What does this mean for the future of government transparency?

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It would sharply weaken government transparency if it were allowed to stand, because the Presidential Records Act is the main law requiring presidential records to be preserved as public property rather than treated as a president’s personal files. The April 1 Office of Legal Counsel memo argues the Act is unconstitutional and that Congress lacks authority to regulate presidential records in this way. In practical terms, that could give the White House far greater control over what is kept, withheld, or potentially discarded. That would make it harder for Congress, courts, journalists, historians, and the public to reconstruct decision-making, investigate misconduct, or obtain records after a presidency ends. The stakes are especially high because the Act was passed after Watergate to prevent a repeat of efforts to conceal or destroy presidential materials. If the executive branch can unilaterally disregard that framework, the result could be less accountability, weaker historical records, and more secrecy around official actions, including communications conducted through email, texts, or private platforms. That said, the OLC opinion is not the final word. It is an internal executive-branch legal view, not a court ruling. Public-interest groups have already challenged it, and the issue could become part of the Senate’s scrutiny of Acting Attorney General Todd Blanche as he seeks confirmation. Senators could press for the opinion to be withdrawn or rescinded. So the immediat…

Western Sheriffs Back Todd Blanche for AG Confirmation Across 19 States

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Western Sheriffs Back Todd Blanche for AG Confirmation Across 19 States

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