Lawsuit Challenges DOJ Memo Declaring Presidential Records Act Unconstitutional

American Historical Association and American Oversight file suit over Justice Department's determination that law is invalid.

Apr. 7, 2026 at 9:05pm

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A cinematic painting of an empty government office desk in a dimly lit room, with warm sunlight streaming in through a window and deep shadows across the surface, evoking a sense of quiet contemplation about the preservation of historical records.The legal battle over presidential records preservation exposes tensions between government transparency and executive power.Washington Today

A pair of nonprofit organizations, the American Historical Association and American Oversight, have filed a lawsuit challenging a Justice Department memo that declared the Presidential Records Act unconstitutional. The lawsuit seeks a court order upholding the law and requiring former President Trump and senior White House officials to comply with their duties under the act.

Why it matters

The case centers on the preservation of official records that document the nation's history, and whether the public will have access to those records. The lawsuit also raises broader questions about the executive branch's power to override legal determinations made by the Supreme Court and Congress.

The details

The lawsuit was filed in federal court in Washington, D.C. and challenges a memo from the Justice Department's Office of Legal Counsel that declared the Presidential Records Act unconstitutional. As a result of this determination, the Justice Department said former President Trump does not need to comply with the law.

  • The lawsuit was filed on April 7, 2026.

The players

American Historical Association

The largest membership association of historians in the world, filing the lawsuit to preserve presidential records.

American Oversight

A nonprofit government watchdog group, co-filing the lawsuit with the American Historical Association.

Donald Trump

The former president who the lawsuit alleges does not need to comply with the Presidential Records Act due to the Justice Department's determination.

U.S. District Judge Beryl Howell

The judge assigned to the case.

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What’s next

U.S. District Judge Beryl Howell will preside over the case and determine whether to uphold the Presidential Records Act or side with the Justice Department's determination that the law is unconstitutional.

The takeaway

This lawsuit highlights the ongoing tensions between the executive branch's power and Congress' authority, as well as the critical importance of preserving presidential records for public access and historical understanding.