Non-Profits Sue Trump Administration Over OLC Opinion Declaring Presidential Records Act Unconstitutional
Citizens for Responsibility and Ethics in Washington (CREW) and the Freedom of the Press Foundation filed a lawsuit against President Trump, Vice President Vance, and other federal officials challenging the administration's adoption of an April 1, 2026 Office of Legal Counsel opinion that declared the Presidential Records Act of 1978 'unconstitutional' and 'invalid in its entirety.' The OLC opinion, which overturned nearly 50 years of legal precedent, enabled the White House to implement a new discretionary records-preservation policy that allows the administration to determine which records are preserved rather than following statutory requirements. This policy change eliminates mandatory public ownership, recordkeeping standards, and disclosure requirements for presidential records established by the PRA. The lawsuit represents the second major legal challenge to the administration's PRA evasion, following an April 7 suit by American Oversight and the American Historical Associati...
“The Trump administration's adoption of a nonsensical opinion overturning nearly 50 years of precedent by the Office of Legal Counsel” — Statement from American Oversight regarding the lawsuit challenging the administration's attempt to circumvent the Presidential Records Act
Analysis Feed
AI commentaryThis event represents a significant escalation in the Trump administration's pattern of evading accountability mechanisms. By declaring the Presidential Records Act unconstitutional through an OLC opinion, the administration attempts to use legal interpretation to circumvent statutory transparency requirements. The rapid implementation of a discretionary policy following the April 1 OLC opinion suggests premeditation. This action follows Trump's documented history with records violations, including the Mar-a-Lago classified documents case. The lawsuit filing by multiple non-profits indicates broad concern about the precedent being set for executive accountability.