Trump Wants to Keep Presidential Records Secret

Last week, the DOJ’s Office of Legal Counsel claimed the Presidential Records Act is unconstitutional and that Trump “need not further comply” with its requirements. That opinion ignores Supreme Court precedent, calling it “wrong” instead of giving it the deference it requires. OLC opinions are treated as binding within the executive branch so the memo could be used to block public access to hundreds of millions of records — including more than 700 million White House emails — that could provide additional details on corruption, conflicts of interest, and abuses of power.

This week, we sued the Trump administration, along with the American Historical Association, to challenge the memo and require the Trump administration to comply with the law. Our lawsuit asks the court to declare the PRA constitutional, block the Trump administration from relying on the OLC memo, and compel the administration to comply with federal laws surrounding the preservation and public release of presidential records. 

“Since Watergate, Congress has made clear that presidential records belong to the American people — not to any one president,” our Executive Director Chioma Chukwu said. The PRA “sets an independent process, followed by every administration for nearly half a century, to safeguard public access,” she added. “If that framework is cast aside, it puts critical records at risk of being controlled, concealed, or even destroyed before the public ever has a chance to see them.”

We need answers about ICE’s use of personal Medicaid data

Also this week, we sued the Trump administration for failing to release records on a data-sharing agreement between Medicaid and Immigrations and Customs Enforcement, along with the National Health Law Program.

More than 80 million Americans — including about 37 million children — rely on Medicaid. The Trump administration has reportedly been sharing Medicaid enrollees’ personal information with immigration enforcement for nearly a year, but has refused to explain exactly what data is being exchanged, how, or who is making those decisions. That creates “a threat to public health,” Executive Director Chioma Chukwu said, “with real consequences for patients who may delay or forgo medical attention they need to stay healthy and safe.”

In our lawsuit, we’re seeking records from the Department of Health and Human Services and the Centers for Medicare and Medicaid Services that could shed light on how sensitive Medicaid data is being shared with the Department of Homeland Security and Immigration and Customs Enforcement. The records could reveal the scope of data being shared, how federal agencies are interpreting their legal authority, and how these policies are affecting access to health care — particularly for immigrant families and mixed-status households.

The Justice Department is trying to put its own attorneys above ethical rules

Last month, DOJ proposed a rule that would allow the attorney general to intervene in state bar disciplinary investigations into the agency’s lawyers — weakening the public’s ability to hold government attorneys accountable for misconduct. 

This week, we submitted a public comment opposing the rule. 

There have been mounting concerns about the conduct of DOJ attorneys, and judges have been increasingly skeptical of some of the government’s representations in court, underscoring the need for independent ethical oversight.

“No agency can be trusted to police itself behind closed doors — and the American people should not be asked to accept an arrangement that shields misconduct from scrutiny,” Chukwu said.

American Oversight in the news

• Historians, watchdog group sue Trump to preserve White House records (Reuters)
• ICE is recruiting cops to track down kids (Salon)
• Trump’s DOJ tells Trump he can hold onto government docs when he leaves office, contrary to Watergate-era law (CNN)
• Historians sue over Trump’s attempt to ignore Presidential Records Act (ABC News)

Other stories we’re following

• ICE arrested more than 800 people after tips from TSA, investigation shows (The Guardian)
• How Trump purged immigration judges to speed up deportations (The New York Times)
• The White House is keeping Kristi Noem’s $70 million jet (Wall Street Journal)
• Colleges are trying to boost student voting. A Trump probe freezes data for that work (NPR)