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9:25
5:10Now PlayingThe Justice Department has issued a legal opinion asserting that President Donald Trump is not required to hand over his presidential records to the National Archives at the end of his term. John Iadarola and Brett Erlich break it down on The Damage Report. Leave a comment with your thoughts below!
Read more here
"The Justice Department has issued a legal opinion arguing that President Donald Trump does not have to turn over his presidential records to the National Archives at the end of his administration.
The Presidential Records Act of 1978 requires presidential documents be sent to the National Archives and Records Administration. In an opinion released Thursday, the Justice Department’s Office of Legal Counsel found the law “is unconstitutional for two independent but interlocking reasons.”
It exceeds Congress' powers and it does so at the expense of the autonomy of the presidency, T. Elliot Gaiser wrote in the opinion, noting that Congress can’t order the papers of Supreme Court justices to be sent to the archives.
The president “need not further comply with its dictates.”
If the Trump administration chooses to follow the opinion from the office, which offers legal advice to the executive branch but does not set law, he could face outside legal challenges should he violate the Presidential Records Act in the future."
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