Judge orders White House to preserve presidential records
Official documents and communications must be preserved after ruling against the legal criteria of the DOJ
A federal judge ordered key White House officials and advisers to comply with the Presidential Records Act, a rule created after the Watergate scandal to prevent the destruction, concealment or appropriation of official documents of the United States presidency, CBS News reported.
The decision represents a new judicial setback for Donald Trump's administration and reopens the debate over presidential transparency, public access to government documents and the limits of executive power.
The ruling was issued by federal judge John Bates, who granted a preliminary injunction that requires employees of the White House and offices linked to the president to retain presidential and vice-presidential records protected by federal law.
The order reaches key figures within the Republican government, including Chief of Staff Susie Wiles, advisor Stephen Miller, the National Security Council and other offices of the executive structure. However, neither Donald Trump nor Vice President JD Vance were directly subject to the measure.
Origin of the conflict with the Presidential Records Law
The dispute began after the Justice Department's Office of Legal Counsel issued an opinion arguing that the Presidential Records Act could be unconstitutional because, under that interpretation, Congress exceeded its powers by regulating documents linked to the president.
The lawsuit was filed by the American Historical Association, American Oversight and the Freedom of the Press Foundation, organizations that warned of the risk that presidential documents could disappear, be destroyed or remain out of public reach.
In his 54-page ruling, Judge Bates rejected the interpretation promoted by the Department of Justice and defended the constitutionality of the rule.
“Each branch of government derives its authority from the trust that the people place in it,” the justice wrote. “Congress validly determined that this law helps preserve that trust.”
A law marked by the legacy of Watergate
The Presidential Records Act was enacted in 1978, just four years after Richard Nixon resigned over the Watergate scandal. The legislation established that presidential documents do not belong to the president as personal property, but to the United States government.
The rule requires official archives to be preserved and delivered to the National Archives at the end of each administration.
The current case also revives questions about the handling of confidential documents during Trump's first term. Upon leaving the White House in 2021, the Republican retained boxes with thousands of documents, some classified, which were later claimed by the National Archives.
That episode led to federal investigations and an accusation brought by former special prosecutor Jack Smith related to the alleged mishandling of classified documents. However, the process was practically stopped after Trump's re-election in 2024.
Organizations celebrate the ruling
After learning of the decision, groups defending government transparency described the ruling as a victory for presidential accountability.
Chioma Chukwu, executive director of American Oversight, said the resolution prevents the government from replacing a federal law with a system based solely on presidential discretion.
“The court recognized the danger posed by ignoring a law designed to guarantee transparency and historical memory,” he said in a statement.
The Justice Department did not immediately respond to whether it will appeal the court decision.

