Shaub calls the OLC records opinion absurd
Jonathan ShaubUniversity of Kentucky law professor and former OLC attorney
Jonathan Shaub calls OLC's opinion, which concluded that the entire Presidential Records Act is unconstitutional, absurd and embarrassing.
“Whatever one thinks about OLC or executive branch lawyering more generally, this opinion stands out for its absurdity.”
Analysis
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
Analysis
About this source
Shaub wrote before a hearing in two challenges to the administration's records policy.
Archived copy (opens in a new tab)Before the quotation
Shaub wrote the day before Judge John D. Bates heard consolidated argument in two cases seeking to ensure White House compliance with the Act. Just before the quote, he says former colleagues described the opinion to him as outrageous and absurd.
After the quotation
He calls the opinion embarrassing and says that, with the Justice Department defending it in court, the embarrassment is not OLC's alone. He then argues that the opinion fails to address the Property Clause.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Shaub explicitly rejects the opinion's reasoning and conclusion.
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More from this case
Read the full caseLauren Harper says a DOJ win would end public ownership of presidential records
“If the DOJ prevails, public ownership of - and access to - presidential records ceases to exist, and administrations will be able to operate with impunity. It would also allow presidents to do whatever they want with the government’s most consequential records - from destroying them, to selling them to the highest bidder. In other words, it privatizes history that belongs to the public.”Read statement
White House says the records law violates the separation of powers
The White House
“The Presidential Records Act is unconstitutional and a clear violation of the separation of powers”Read statement
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“Every time a record is destroyed, a piece of history is lost.”Read statement
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The Dispute Index. "Shaub calls the OLC records opinion absurd". First published: 2026-10-20. Last updated: 2026-10-20. https://disputeindex.com/events/6193-jonathan-shaub-calls-olc-s-opinion-which-concluded