The Trump administration is challenging the 1978 Presidential Records Act, arguing it violates the Constitution by infringing on executive independence. In a federal appeals court brief, the administration cited a New York Times article by Jodi Kantor noting Supreme Court justices treat their official papers as private property, withholding or destroying them. The brief contends presidents should have the same power, claiming the law chills candid advice.

The Office of Legal Counsel, led by T. Elliot Gaiser, issued a 52-page memo declaring the law unconstitutional, calling it post-Watergate overreach. White House counsel David Warrington then instructed staff the law no longer applied, though most records should be retained except certain text messages.

Historians sued to enforce the law. U.S. District Judge John Bates opened his opinion with a George Orwell quote from "1984," signaling skepticism. Trump previously faced an FBI raid and dismissed criminal charges over classified documents taken to Mar-a-Lago in Florida. For decades, presidents of both parties complied with the act, which mandates disclosure within 12 years.

The case raises fundamental questions about separation of powers and public access to presidential history.