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Secretary Antony J. Blinken chairs the Annual Meeting of the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons at the Eisenhower Executive Office Building in Washington. D.C., February 13, 2024. (Official State Department photo by Chuck Kennedy)
Photo: U.S. Department of State | Public domain | Wikimedia Commons

Judge Orders White House Staff To Follow Presidential Records Preservation Law

U.S. District Judge John Bates on Wednesday, May 20, 2026, issued a 54-page order granting a preliminary injunction that requires most White House staff to comply with the Presidential Records Act.[1]

The injunction covers senior aides and entities in the Executive Office of the President, including Susie Wiles and Stephen Miller.[1] It also applies to the National Security Council and the Council of Economic Advisers, but it does not apply to President Trump or Vice President JD Vance.[1] The order takes effect at 9 a.m. on May 26, 2026.[1]

The suit was filed by the American Historical Association, American Oversight and the Freedom of the Press Foundation.[1] They challenged a recent Justice Department Office of Legal Counsel memo that had deemed the Presidential Records Act unconstitutional.[1] Bates wrote that the Presidential Records Act is "likely constitutional" and said it validly helps maintain public trust by ensuring eventual access to presidential records.[1]

  1. CBS News
Federal Courts Presidential Records and Transparency
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📌 Key Facts

  • On Wednesday, May 20, 2026, U.S. District Judge John Bates issued a 54-page decision granting a preliminary injunction enforcing the Presidential Records Act on most White House staff.
  • The order covers senior aides and entities in the Executive Office of the President, including Susie Wiles, Stephen Miller, the National Security Council and the Council of Economic Advisers, but excludes President Trump and Vice President JD Vance.
  • The injunction takes effect at 9 a.m. on May 26, 2026, and arises from a suit by the American Historical Association, American Oversight and the Freedom of the Press Foundation challenging a recent DOJ Office of Legal Counsel memo deeming the Act unconstitutional.
  • Bates wrote that the Presidential Records Act is "likely constitutional" and said it validly helps maintain public trust by ensuring eventual access to presidential records.

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May 20, 2026