U.S. District Judge John Bates ruled on Wednesday that the 1978 statute is likely constitutional. He granted a preliminary injunction nullifying the Justice Department’s Office of Legal Counsel opinion issued last month.
The judge ordered aides to President Donald Trump to continue observing the Presidential Records Act requirements, despite the OLC finding the law unconstitutionally intrudes on presidential power.
Bates cited Supreme Court precedent and 50 years of practice in his ruling. He rejected the OLC’s argument that presidential papers were personal property until the 1970s.
The judge’s order takes effect May 26, giving the Trump administration less than a week to appeal. White House spokesperson Abigail Jackson stated they will enforce the policy not allowing aides to delete electronic records.