Judge Orders White House to Preserve Officials' Text Messages

A federal judge ordered the White House to preserve all presidential records, including text messages among top officials. The order blocks Justice Department guidance and a memo stating that presidential records are private property and that officials do not need to comply with the Presidential Records Act, especially regarding text messages. The judge ruled that the administration must follow a law it had declared unconstitutional for now. The ruling takes effect while the legal case continues. The Presidential Records Act, enacted in 1978 after Watergate, requires safeguarding documents that chronicle presidents’ official duties. The judge said Congress determined the act helps maintain public trust by providing transparency into presidential activities and decision-making.

"A federal judge ordered the White House on Wednesday to preserve all presidential records including text messages exchanged among its top officials, telling the Trump administration that at least for now it must follow a law it had unilaterally declared unconstitutional. The ruling by Judge John D. Bates of the U.S. District Court for the District of Columbia blocks a Justice Department memo and White House guidance in April maintaining that President Trump's White House records were his private property and that officials did not need to comply with the Presidential Records Act, particularly on preserving text messages."

"While the presidency is a singularly important institution, that gravity does not free it from modest constraint, wrote Judge Bates, an appointee of President George W. Bush, adding, Congress has validly determined that this act helps to maintain that trust by shining some light on the activities of the president and his aides. The order, which is set to take effect on Tuesday while the legal case moves forward, amounted to a major if temporary rebuke of an administration that has shown little regard for laws meant to provide the public a window into the workings of the government and create a detailed historical record of presidential decision-making."

"At the heart of the case is the Presidential Records Act, a 1978 law enacted after Watergate that requires the safeguarding of all documents chronicling presidents' official duties. Mr. Trump's Justice Department claims that the law infringes on presidential powers, a position that Judge Bates noted was not shared by any previous president, including Mr. Trump in his first term. Such acquiescence is not dispositive, but it is illuminating, Judge Bates wrote in his 54-page ruling."

"It suggests that the post-Watergate settlement reflected in the records act adequately protects the president's interests by ensuring that his successors could be informed on his policy decisions. The order blocks a Justice Department memo and White House guidance in April maintaining that President Trump's White House records were his private property and that officials did not need to comply with the Presidential Records Act, particularly on preserving text messages."

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