Lawsuit challenges DOJ memo finding presidential records law unconstitutional

Politics Lawsuit challenges Justice Department memo that declared presidential records law unconstitutional By Melissa Quinn, Melissa Quinn Senior Reporter, Politics Melissa Quinn is a senior reporter for CBSNews.com, where she covers U.S. politics, with a focus on the Supreme Court and federal courts. Read Full Bio Melissa Quinn, Jacob Rosen Jacob Rosen Justice Department Reporter Jake Rosen is a reporter covering the Department of Justice. He was previously a campaign digital reporter covering President Trump's 2024 campaign and also served as an associate producer for "Face the Nation with Margaret Brennan." Read Full Bio Jacob Rosen April 7, 2026 / 12:40 PM EDT / CBS News Add CBS News on Google Washington — A pair of organizations filed a lawsuit Monday challenging the Justice Department's determination that a federal law requiring the preservation of certain presidential records is unconstitutional.The lawsuit was filed in federal court in Washington, D.C., by the American Historical Association, the largest membership association of historians in the world, and American Oversight, a nonprofit government watchdog group.The legal fight involves a memorandum opinion from the Justice Department's Office of Legal Counsel that declared the Presidential Records Act unconstitutional. The Justice Department said as a result of its determination about the constitutionality of the law, President Trump does not need to comply with it."This case is about the preservation of records that document our nation's history, and whether the American people are able to access and learn from that history," the complaint from the two nonprofit groups says. "Yet the stakes of this case are even greater. The Executive Branch has declared the power to override the legal determinations of the U.S. Supreme Court, in order to override the laws passed by Congress to preserve and provide public access to official records of the President's activities."The groups are seeking a cour...