By enacting the Presidential Records Act in response to Richard Nixon’s malfeasance, the US Congress created a process to limit abuse of power and ensure accountability. Like Nixon, Donald Trump seems determined to avoid accountability, which has led his Justice Department to argue—poorly—that the PRA is unconstitutional.
FAIRFAX, VIRGINIA—With the Iran war and the affordability crisis dominating headlines in the United States, a memorandum opinion issued by the US Department of Justice’s Office of Legal Counsel (OLC) declaring the 1978 Presidential Records Act unconstitutional has largely flown under the radar. But a federal judge recently ordered President Donald Trump’s administration to comply with the PRA, rejecting the opinion and setting up a legal battle with potentially profound implications.