NRT briefing
Appeals court presses hard against Trump’s argument for private ownership of presidential records
Based on reporting by Washington Examiner.
The Brief
A federal appeals court appeared likely on Friday to reject former President Donald Trump's argument that the 1978 Presidential Records Act is unconstitutional, as judges pressed the Justice Department's position that presidents retain private ownership of their records. The case stems from a lawsuit by the watchdog group Citizens for Responsibility and Ethics in Washington and others after the DOJ concluded the law violates the separation of powers.
During arguments before a three-judge panel of the D.C. Circuit, judges Patricia Millett and Cornelia Pillard, both Obama appointees, voiced skepticism. Millett asked if a president could sell national security secrets on eBay, and Pillard called the DOJ's stance a 'sad and partisan view' that assumes separation of powers protects only the current president.
The DOJ argued that leaving records with the government risks future administrations weaponizing sensitive information. The case concerns Trump's alleged storing of classified documents at Mar-a-Lago, which the DOJ dropped after he won reelection.
NRT commentary
How We See It
The Justice Department's argument in this case is a dangerous departure from the post-Watergate consensus that presidential records belong to the American people. Judges Millett and Pillard were right to challenge the notion that a president can claim exclusive ownership over documents involving national security.
While concerns about politicized investigations are legitimate, the remedy is not to gut the Presidential Records Act. The law has helped ensure accountability for decades, and weakening it would set a troubling precedent for future administrations of both parties. The court should uphold the law's constitutionality, reaffirming that the presidency is an institution, not a personal office.
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