Justice Department Opinion Challenges Presidential Records Act, Raising Concerns About Transparency

Wed, 15 Apr 2026 06:26:00 +0200

Before 1978, U.S. presidents owned and could freely dispose of their official records. The Presidential Records Act (PRA), enacted in 1978 following the Watergate scandal, transferred ownership of presidential documents to the public and required their preservation and eventual disclosure. President Jimmy Carter described the law as a way to make the presidency more transparent and trustworthy. Recently, the Justice Department’s Office of Legal Counsel (OLC) issued an opinion claiming the PRA is unconstitutional, asserting Congress cannot regulate executive branch documents and arguing the law infringes on the separation of powers. Public interest groups, historians, and watchdog organizations have expressed concern that this could allow presidents to hide or destroy records without accountability. The debate has historical context: for much of U.S. history, presidential papers were private property, sometimes neglected, sold, or burned. Laws like the Presidential Libraries Act encoura