Historians suing the Trump administration said Tuesday that the National Archives had not agreed to preserve presidential records while their lawsuit over the Presidential Records Act moved forward.
The American Historical Association filed the suit last week after a Justice Department memo said the Presidential Records Act was unconstitutional. The law requires presidents and their staffs to preserve White House records and transfer them to the National Archives at the end of an administration.
In court filings Tuesday, the historians, joined by government transparency group American Oversight, asked for an emergency order. They said that, without court intervention, presidential records they plan to use in research “will be irretrievably lost.”
“DOJ has no authority to direct the President to ignore a constitutionally-compliant statute, and its instruction that the President may do so violates the separation of powers,” the challengers wrote.
According to the filings, a lawyer for the plaintiffs sought assurances from the Justice Department that records would not be destroyed during the case. The department said it could not agree because it was “not yet in a position to make additional representations about the Government’s approach to those issues,” according to an email exchange included in the filings.
The plaintiffs said they also sought commitments that the National Archives would not destroy records it maintains under the law, that it would continue making presidential records from prior administrations, including Trump’s first term, available through public records requests, and that White House staff would preserve records covered by the law.
They also asked that administration personnel continue following records-preservation requirements for communications sent on messaging apps such as Signal and WhatsApp.
The White House previously said Trump “is committed to preserving records from his historic Administration and he will maintain a rigorous records retention program.” In an April 3 statement, White House spokesperson Abigail Jackson said, “Staff should retain materials that reflect the performance of their duties, establish an administrative record, are of historical significance, or may be needed in litigation.” She added, “The administration is already discussing with NARA how to move forward.”
U.S. District Judge Beryl Howell ordered the parties to propose a briefing schedule for the historians’ request for a preliminary injunction.