The Justice Department’s Office of Legal Counsel released a memorandum declaring the Presidential Records Act unconstitutional, arguing that a president’s documents constitute private property. The memo, challenged in court, would overturn five decades of rules that require every administration to turn its records over to the National Archives at the end of a term. Critics say the move threatens public access to presidential decision‑making.

Lawmakers and press watchdogs warn the memo could let future presidents hide communications about foreign policy, impeachment, or domestic crises. The Freedom of the Press Foundation has filed dozens of FOIA requests for Trump‑era files, including Senate reports on CIA torture, election‑integrity documents, and correspondence with leaders such as Vladimir Putin and Kim Jong Un. If the Department’s view prevails, those records could remain sealed indefinitely.

Supporters of the memo claim the Constitution grants the president absolute control over his papers, but opponents argue that transparency safeguards democracy. Congress could amend the law or pass legislation to reaffirm public ownership, while courts may reinterpret the statute. As long as the Justice Department pushes this interpretation, the battle over presidential archives will play out in the judiciary.