“On April 1, 2026, the Department of Justice (DOJ) Office of Legal Counsel issued a memorandum opinion for the Counsel to the President asserting that the PRA [i.e., the Presidential Records Act] is unconstitutional and therefore ‘the President need not further comply with its dictates,’ ” points out a recent Congressional Research Service study.
This simple, tyrannical declaration is clear: Donald Trump is attempting to legally proclaim his dictatorship of the United States.
The PRA was passed in the immediate aftermath of Watergate. After it became clear that Nixon may have been involved in an attempt to cover up the break-in at the Watergate Towers, Congress demanded all records and recordings pertaining to Watergate. Nixon attempted to claim before the Supreme Court that Executive Privilege allowed him to deny the records to Congressional review.
Investigators countered that the Constitutional balance of power overrode Nixon’s objections, since it was clear that the president may have committed impeachable offenses – and the only way to discover whether that had occurred was to have an unrestricted access to all pertinent data.
Without that necessary access, the president becomes a dictator who may act without accountability, and the American people become his slaves.
The Supreme Court ruled in favor of Congressional investigators. The evidence proving that Nixon was directly involved in the cover up was found in those documents. That discovery immediately led to Nixon’s resignation.
Now Trump pretends that he may destroy such records at will. Disregarding the fact that he has yet to realize the Supreme Court decides what is legal in this country, and not the president and other career politicians, Trump is arguing that the president has an absolute right to destroy all evidence that may eventually be used against him and others in his regime.
That documentation is the only undeniable proof of presidential and Executive branch activity. If that goes, presidential accountability becomes a thing of the past.
And where there’s no accountability, there is no democracy.
Below, The American Spark quotes some of most salient parts of of the CRS report.
“Presidential records provide Congress, members of the public, and researchers with documentation, context, and explanations for presidential actions. The Presidential Records Act [PDA] set forth requirements regarding the maintenance, access, and preservation of presidential and vice presidential information during and after a presidency.”
“Enacted in 1978, the Presidential Records Act established public ownership of records created by Presidents and their staff in the course of discharging their official duties.
“The PRA additionally established procedures for congressional and public access to presidential and vice presidential information and the preservation and public availability of such records at the conclusion of a presidency.
“This report provides context on the institutions involved in presidential record-keeping, explains
what is and is not considered to be a presidential record, and identifies record-keeping responsibilities and access policies during and after a presidency. The report concludes with information and policy options for congressional oversight and enforcement of the PRA with respect to electronic records provisions under the Presidential and Federal Records Act Amendments of 2014.
“On April 1, 2026, the Department of Justice (DOJ) Office of Legal Counsel issued a memorandum opinion for the Counsel to the President asserting that the PRA is unconstitutional and therefore ‘the President need not further comply with its dictates.’ ”
“In response, several organizations have sued to compel the Trump Administration to fulfill the record-keeping responsibilities described in the PRA. On May 20, 2026, the U.S. District Court for the District of Columbia preliminarily ordered the Administration to comply with the PRA while the court hears the case.
“While the PRA provides similar provisions for records created by the Vice President, this report
focuses on presidential records.
The Institutions
“The PRA governs the records of the President, Vice President, and certain components of the
Executive Office of the President (EOP). The PRA specifies roles and responsibilities for the
management and enforcement of presidential records policy to the President, the National Archives and Records Administration (NARA), and DOJ.”
“The PRA requires the President to take ‘all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President’s constitutional, statutory, or other official or ceremonial duties are adequately documented.’ The President is further directed to implement records management controls to accomplish these ends and may consult NARA and DOJ on how to best comply with the statute.
“NARA preserves selected government records, oversees record-keeping throughout the government, and makes government records publicly available pursuant to the PRA and other authorities. NARA provides advice and assistance to the White House on records management practices upon request, throughout a presidential transition and a presidency, and to former Presidents.
“The PRA details which presidential records and materials NARA is to assume responsibility for at the conclusion of a President’s Administration. The PRA requires the head of NARA, the Archivist of the United States, to consult with Congress and particular congressional committees on requests for the disposal of such records deemed to be of special congressional interest.
“DOJ provides guidance to the executive branch on how to comply with the legal requirements of government information policy, of which records-maintenance policy, including presidential records, is a part. Additionally, the Archivist and the Attorney General jointly investigate the unlawful removal or destruction of government and presidential records.”
Later, we’ll post part II of our quotes from this eye-opening CRS report.
