White House says the records law violates the separation of powers
The White HouseWhite House statement attributed to spokesperson Lauren Bis
The White House says the Act is unconstitutional and violates the separation of powers.
“The Presidential Records Act is unconstitutional and a clear violation of the separation of powers”
Reporting
Where this statement fits
DOJ's constitutional challenge to the Presidential Records Act
DOJ argues that the Presidential Records Act exceeds Congress's powers and intrudes on presidential independence. Historians and watchdog groups defend public ownership and preservation requirements. A preliminary injunction against White House officials is under appeal.
Source and context
Reporting
About this source
Carrie Johnson reports the competing legal arguments and a White House response from Lauren Bis. The article precedes the day's argument.
Archived copy (opens in a new tab)Before the quotation
NPR reports the response ahead of the appeal argument.
After the quotation
NPR published the statement on October 16 and does not say when it was given.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The White House supports the constitutional challenge by asserting that the records law violates the separation of powers.
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More from this case
Read the full caseWeicksel criticizes abandoning mandatory record preservation
“Every time a record is destroyed, a piece of history is lost.”Read statement
Chukwu asks the appeals court to keep the preservation order in place
“Records that are destroyed are gone for good. We are asking the appeals court to uphold that order, because the historical record of the presidency belongs to the American people.”Read statement
American Oversight and co-plaintiffs defend Congress's power over presidential records
American Oversight
“The Property Clause and the Necessary and Proper Clause each authorize Congress to prospectively assert public ownership over future Presidential records”Read statement
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The Dispute Index. "White House says the records law violates the separation of powers". First published: 2026-10-19. Last updated: 2026-10-19. https://disputeindex.com/events/6031-the-white-house-says-the-act-is-unconstitutional