Justice Department Declares Presidential Records Act Unconstitutional, White House Eases Text Retention Rules
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The Justice Department has issued a memo declaring the Presidential Records Act unconstitutional, arguing it violates the separation of powers. In response, the White House has eased rules for staffers, no longer requiring the preservation of text messages unless they are the sole record of official decision-making. The administration maintains it is committed to a rigorous records program, even as FOIA processing slows and backlogs grow.
Facts First
- The Justice Department declared the Presidential Records Act unconstitutional in an April memo.
- White House staffers are no longer required to preserve text messages unless they are the sole record of official decision-making.
- FOIA processing has reportedly slowed with officers dismissed, leading to increased backlogs for information requests.
- The administration argues retaining all texts is an 'enormous technological burden' despite National Archives guidance on automatic capture.
- A White House spokesperson states the President is 'committed to preserving records' and that staff must undergo retention training.
What Happened
In early April, the Justice Department issued a memo declaring the Presidential Records Act unconstitutional, arguing it violates the separation of powers. Following this, the White House changed its internal policy so staffers are no longer required to preserve text messages unless they are the 'sole record of official decision-making.' The administration has also reportedly slowed Freedom of Information Act (FOIA) processing and dismissed numerous FOIA officers, resulting in increased backlogs for information requests.
Why this Matters to You
Access to government records is a key tool for public accountability. Changes to preservation rules and slower FOIA responses could make it more difficult for you, journalists, or watchdog groups to understand how decisions are made or to obtain information about government activities. For example, one request for a Justice Department memo was told it would take an additional 620 days to fulfill. This may delay or limit the information available to the public about matters of policy and spending.
What's Next
The administration's legal challenge to the Presidential Records Act could lead to court battles over the scope of presidential record-keeping. The increased FOIA backlogs are likely to persist unless processing capacity is restored. Watchdog organizations may continue to test the new boundaries, filing requests and potentially litigating over denials or heavily redacted responses they find nonsensical.