Stop DOJ From Nullifying The Presidential Records Act

As your constituent I urge you to act immediately in response to the reported conclusion by the Office of Legal Counsel (OLC) in the Department of Justice (DOJ) that the Presidential Records Act is unconstitutional. If the administration acts on that view, the President and White House officials could decide what records to preserve, withhold, or let disappear. THE PRESIDENTIAL RECORDS ACT MAKES THE OFFICIAL RECORD PUBLIC PROPERTY Congress enacted the Presidential Records Act after Watergate so presidential records would belong to the United States, not the President. The law requires preservation of records reflecting official duties and transfer to the Archivist at the end of a President’s term. The National Archives and Records Administration (NARA) states these records are public property, and Supreme Court precedent rejects claims that federal control of presidential materials is unconstitutional. NO EXECUTIVE BRANCH MEMO MAY NULLIFY A LAW PASSED BY CONGRESS An internal legal opinion does not repeal federal law. Unless a court invalidates it, the Presidential Records Act remains binding. If the DOJ theory is put into practice, emails, texts, encrypted messages, drafts, and other communications could be withheld, deleted, or lost, leaving Congress and the public unable to reconstruct how presidential power was used. This directly challenges Congress’s authority, because no executive branch lawyer should be able to nullify a records law Congress enacted. CONGRESS MUST USE OVERSIGHT, APPROPRIATIONS, AND LEGISLATION NOW I urge you to take the following actions: (1) Hold oversight hearings and subpoena the final Office of Legal Counsel opinion, the request for it, related White House and Justice Department records, and any guidance implementing it. (2) Require sworn testimony from the Department of Justice, White House Counsel, and NARA officials, plus certifications and compliance reports. (3) Bar through appropriations riders the use of funds to destroy, conceal, or evade preservation of presidential records. (4) Direct NARA and inspectors general to preserve evidence of recordkeeping changes and report violations to Congress. (5) Update the law for the digital age so texts, encrypted messages, emails, drafts, and other electronic records of official business must be preserved and cannot be hidden or lost. NO PRESIDENT MAY CONTROL THE EVIDENCE OF OFFICIAL CONDUCT This is a basic question of whether a President may control official records. If a President can do that, accountability is weakened, Congressional oversight is obstructed, and the nation loses the ability to know how power was used. Congress should expose this Justice Department interpretation to full public and Congressional scrutiny, stop officials from using it to evade preservation duties, and strengthen the law so presidential records cannot be withheld, deleted, or lost.