Lauren Harper says a DOJ win would end public ownership of presidential records
Lauren HarperDaniel Ellsberg Chair on Government Secrecy at Freedom of the Press Foundation, in an email to Dispute Index
Lauren Harper, the Daniel Ellsberg Chair on Government Secrecy at Freedom of the Press Foundation, told us in an email that if DOJ prevails, public ownership of presidential records "ceases to exist" and presidents could destroy the government's most consequential records or sell them. She said that outcome "privatizes history that belongs to the public".
“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.”
Emailed statement
Read the full email
Thanks for reaching out. On the second point, I’d recommend reaching out to our counsel at CREW who are representing FPF in this lawsuit. On the first point, the consequences are monumental - not just for this administration, but every one that follows. 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. Happy to be quoted directly - I’ve gone on record about the stakes of our lawsuit quite a bit. Here’s some more background: https://freedom.press/the-classifieds/judge-sides-with-fpf-orders-white-house-to-save-records/
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
Emailed statement
Emailed statement from Lauren Harper to Dispute Index on the Presidential Records Act challenge
Thanks for reaching out. On the second point, I’d recommend reaching out to our counsel at CREW who are representing FPF in this lawsuit. On the first point, the consequences are monumental - not just for this administration, but every one that follows. 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. Happy to be quoted directly - I’ve gone on record about the stakes of our lawsuit quite a bit. Here’s some more background: https://freedom.press/the-classifieds/judge-sides-with-fpf-orders-white-house-to-save-records/
About this source
Harper replied to a Dispute Index request for comment on DOJ's challenge to the Presidential Records Act. Freedom of the Press Foundation is a plaintiff in a lawsuit over the White House's preservation of its records. The link goes to her staff page at the foundation. The text is reproduced as sent, without the greeting and sign-off.
Archived copy (opens in a new tab)Before the quotation
We asked Harper on October 21 what would happen to this White House's records when the term ends if DOJ's view prevails, and what to watch for in the appeal of the preservation order. On the appeal, she referred us to the lawyers at Citizens for Responsibility and Ethics in Washington who represent Freedom of the Press Foundation in the lawsuit. She then called the consequences "monumental" for this administration and every one that follows.
After the quotation
She says she is happy to be quoted directly and links her organization's newsletter item on the court order requiring the White House to preserve its records.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case tracks DOJ's argument that the Presidential Records Act is unconstitutional. Harper says a DOJ win would end public ownership of presidential records and let presidents destroy or sell them, rejecting DOJ's position.
- Recorded on
- Published here
More from this case
Read the full caseWhite 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
Weicksel 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
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- Lauren Harper says a DOJ win would end public ownership of presidential records
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/6570-lauren-harper-the-daniel-ellsberg-chair-on-government
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "Lauren Harper says a DOJ win would end public ownership of presidential records". First published: 2026-10-23. Last updated: 2026-10-23. https://disputeindex.com/events/6570-lauren-harper-the-daniel-ellsberg-chair-on-government