Exclusive: Trump's DOJ says he's not required to turn over official records

Axios
by Alex Isenstadt
April 1, 2026
3 min read

Quick Insights

The Bottom Line

Trump's DOJ claims the Presidential Records Act is unconstitutional, signaling he may keep official records when leaving office.

How This Affects You

If Trump retains official records, future accountability for presidential decisions and policies could be compromised, affecting public access to government records under the law that has governed presidential transitions since 1978.

AI Summary

President Trump's Justice Department has concluded that the Presidential Records Act of 1978—the law requiring presidents to surrender official records to the National Archives—is unconstitutional, according to a senior White House official who spoke to Axios. The DOJ's legal counsel argues the statute "exceeds Congress' powers" and infringes on executive branch autonomy, contending Congress cannot compel "an entire branch of government to create and save every single possible piece of paper." The conclusion signals Trump's likely resistance to turning over records when he leaves office in 2029, mirroring his first term when he retained classified documents and faced a 37-count indictment that was later dropped. The White House says it is not currently destroying documents and plans to discuss with the National Archives how to proceed, though it remains unclear whether the administration will seek to overturn the law legislatively or challenge it in court. Any attempt to retain classified materials is expected to prompt legal challenges, particularly if Democrats control Congress in 2029.

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