Judge Blocks DOJ Memo And Orders White House Staff To Follow Presidential Records Act
U.S. District Judge John Bates on Wednesday, May 20, 2026, blocked a Justice Department Office of Legal Counsel memo and ordered most White House staff to follow the Presidential Records Act beginning May 26, 2026.[1]
The injunction covers senior aides and Executive Office units such as the National Security Council and the Council of Economic Advisers, but it does not extend to President Donald Trump or Vice President J.D. Vance.[2] Bates also excluded the National Archives, the archivist, the Department of Justice and the attorney general from the order.[3]
American Oversight and the American Historical Association sued in April 2026 to challenge a Justice Department OLC opinion that had concluded the Presidential Records Act was unconstitutional as applied to the president and certain aides.[1] Bates wrote in a 54-page opinion that Congress validly enacted the law under the Property Clause and said the OLC memo rested on a "stark misreading" of Supreme Court precedent.[3]
Plaintiff groups praised the ruling as affirming that presidential records belong to the public and not to individual officeholders.[3] Bates said the court would not directly order the president or vice president in the performance of official duties, which is why the injunction does not cover them.[1]
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📌 Key Facts
- On Wednesday, May 20, 2026, U.S. District Judge John Bates issued a preliminary injunction requiring most White House officials and Executive Office of the President entities to comply with the Presidential Records Act beginning May 26, 2026.
- The order explicitly rejected the Justice Department Office of Legal Counsel memo that had concluded the Presidential Records Act was unconstitutional as applied to the president and certain aides, finding instead that the statute is likely constitutional.
- The injunction covers senior aides and units such as the National Security Council and Council of Economic Advisers but does not extend to President Donald Trump or Vice President J.D. Vance.
- Judge Bates wrote that Congress validly enacted the Records Act under the Property Clause because it can prospectively designate presidential records as federal property and regulate that property.
- Bates criticized the OLC memo as relying on a "stark misreading" of Supreme Court precedent and rejected DOJ's argument that the Act is unconstitutional because presidential papers were treated as personal property before 1978.
- The order directs administration officials and White House personnel (other than the president and vice president) to comply with statutory preservation requirements and to take steps to ensure records are retained in accordance with federal law starting May 26, 2026.
- Bates excluded the National Archives, the archivist, the Department of Justice and the attorney general from the injunction and declined to directly enjoin the president or vice president, citing limits on courts ordering the president in performance of official duties.
- The case, filed in April 2026 by American Oversight and the American Historical Association, challenged the OLC memo on grounds that the administration believed the president was free to destroy or keep official records for personal use.
- American Oversight and the American Historical Association praised the ruling as affirming that presidential records belong to the public and warned about the danger of replacing statutory rules with presidential discretion.
📰 Source Timeline (3)
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- On Wednesday, May 20, 2026, Judge John Bates issued a 54-page preliminary injunction holding that the Presidential Records Act is likely constitutional and blocking a Justice Department Office of Legal Counsel opinion that called the law unconstitutional.
- Bates wrote that Congress validly enacted the Records Act under the Property Clause because it can prospectively designate presidential records as federal property and regulate that property.
- The opinion criticized the OLC memo as relying on a "stark misreading" of Supreme Court precedent and rejected DOJ's argument that the Act is unconstitutional because presidential papers were treated as personal property before 1978.
- The order directs administration officials and White House personnel (other than the president and vice president) to comply with statutory preservation requirements and to take steps to ensure records are retained in accordance with federal law starting May 26, 2026.
- Bates declined to directly enjoin President Donald Trump or Vice President J.D. Vance, citing limits on courts ordering the president in performance of official duties, and also excluded the National Archives, the archivist, DOJ and the attorney general from the injunction.
- The case was filed in April 2026 by American Oversight and the American Historical Association challenging the OLC memo, and the plaintiffs argued the administration believed the president was free to destroy or keep official records for personal use.
- American Oversight and the American Historical Association issued statements praising the ruling as affirming that presidential records belong to the public and warning about the danger of replacing statutory rules with presidential discretion.
- On Wednesday, May 20, 2026, U.S. District Judge John Bates issued a preliminary injunction requiring most White House officials and Executive Office of the President entities to comply with the Presidential Records Act beginning May 26, 2026.
- The order explicitly rejects a recent Justice Department Office of Legal Counsel memo that had concluded the Presidential Records Act was unconstitutional as applied to the president and certain aides, finding instead that the statute is likely constitutional.
- The injunction covers senior aides and units such as the National Security Council and Council of Economic Advisers but does not extend to President Donald Trump or Vice President JD Vance.