Lawsuit challenges Justice Department memo that declared presidential records law unconstitutional
Source: CBS News
April 7, 2026 / 12:40 PM EDT
Washington — A pair of organizations filed a lawsuit Monday challenging the Justice Department's determination that a federal law requiring the preservation of certain presidential records is unconstitutional. The lawsuit was filed in federal court in Washington, D.C., by the American Historical Association, the largest membership association of historians in the world, and American Oversight, a nonprofit government watchdog group.
The legal fight involves a memorandum opinion from the Justice Department's Office of Legal Counsel that declared the Presidential Records Act unconstitutional. The Justice Department said as a result of its determination about the constitutionality of the law, President Trump does not need to comply with it.
"This case is about the preservation of records that document our nation's history, and whether the American people are able to access and learn from that history," the complaint from the two nonprofit groups says. "Yet the stakes of this case are even greater. The Executive Branch has declared the power to override the legal determinations of the U.S. Supreme Court, in order to override the laws passed by Congress to preserve and provide public access to official records of the President's activities."
The groups are seeking a court order upholding the Presidential Records Act and requiring Mr. Trump and senior White House officials to comply with their duties under the law. U.S. District Judge Beryl Howell has been assigned to the case.
Read more: https://www.cbsnews.com/news/justice-department-memo-presidential-records-act-lawsuit/
Link to SUIT (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.dcd.291186/gov.uscourts.dcd.291186.1.0.pdf
REFERENCES
https://www.democraticunderground.com/10143642319
https://www.democraticunderground.com/10143644383
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The DOJ last week said that Trump "need not further comply" with the act.
https://abcnews.com/US/historians-sue-trumps-attempt-ignore-presidential-records-act/story
The American Historical Association and a second organization, American Oversight, filed the suit in Washington, D.C., District Court Monday, describing the case as an attempt to "preserve the historical record that belongs to the American people, before it is forever lost."
"This case is about the preservation of records that document our nation's history, and whether the American people are able to access and learn from that history," the complaint said.
Last week, the Department of Justice's Office of Legal Counsel issued an advisory opinion that stated Trump "need not further comply" with the decades-old law governing the handover of presidential records for public preservation after a president leaves office.
"The Administration's actions nullifying a law duly enacted by Congress, based on a legal determination that contravenes a decision of the Supreme Court, violate the separation of powers twice over," the complaint said.
This will be a fun lawsuit to follow. I am curious as to how the DOJ will get around a prior SCOTUS ruling.