DOJ Wants to End Crucial Watergate-Era Rule to Give Trump Cover
The Presidential Records Act is key for transparency.

The Trump administration is fighting to make the executive branch even more secretive.
A 52-page memorandum from the Justice Department reveals that the agency is putting up a fight against the Presidential Records Act. The department’s Office of Legal Counsel argued on April 1 that the 1978 law, which was passed in direct response to the fallout of Richard Nixon’s Watergate scandal, is actually “unconstitutional.”
The office further claimed that the congressionally passed act “exceeds” the legislative branch’s powers and “aggrandizes” Congress “at the expense of the constitutional independence and autonomy of the Executive.”
In doing this, the DOJ is trying to keep the president’s records private—rather than public, as mandated by the country’s representatives nearly 50 years ago.
The DOJ’s position already faces several legal challenges. Days after the memorandum was released, the nonpartisan watchdog organization American Oversight joined with the American Historical Association to sue a couple dozen figures within the Trump administration. In a 46-page legal complaint, the two nonprofits argued that the Oval Office was attempting to nullify and supersede the constitutional authorities of the other branches of government, and trod over the separation of powers.
“In the Administration’s view, the records of the official activities of the President and nearly 1,000 White House employees—generated using taxpayer funds, on government property, regarding official government business—belong to the President personally, and not to the American people,” the complaint reads. “Government for the people, by the people, and of the people this is not.”
Donald Trump has expressed little to no respect for the laws and regulations that bind him to public accountability. At the end of his first presidency, Trump allegedly broke seven laws by retaining hundreds of classified documents. He was charged with 37 felony counts in 2023 as a result, making him the first president to be criminally charged. Trump-appointed federal Judge Aileen Cannon dismissed the charges the following year, arguing that special counsel Jack Smith, the man appointed to investigate and prosecute the case, had not been properly installed.
The president has also not shown any interest in offering the public an inside view into the maneuverings of his administration, even retroactively. Trump’s presidential library is expected to be a glass skyscraper, operating as more of a hotel rather than anything close to a facility dedicated to learning.
Renderings of the building posted to Trump’s Truth Social late last month included a red, white, and blue needle on top, a U.S. flag hanging down the side, and a gargantuan plane on the first floor that resembles the super-luxury jumbo jet Qatar gifted him last year.








