President Donald Trump faces another major court battle as a federal appeals court considers his administration's attempt to overturn a decades-old law, which requires presidents to preserve White House records. A Republican-appointed judge rebuked him with a pointed reference to George Orwell's dystopian novel 1984.
Trump’s lawyers will argue before the U.S. Court of Appeals for the D.C. Circuit on October 16 over whether official documents from the White House belong personally to the president or to the American public.
The dispute follows a ruling by U.S. District Judge John Bates, appointed by President George W. Bush, who previously rejected the administration's position in May.
The judge ruled against the White House, using a famous Orwell quote to explain his reasoning: "Who controls the past controls the future; who controls the present controls the past."
Ultimately, the judge found the Presidential Records Act likely constitutional and directed White House officials to follow its terms for the duration of the litigation.
Following the Watergate scandal, the 1978 law was put in place to ensure that official records are the property of the government rather than the person in the Oval Office.
Trump’s DOJ argued in April that the act is unconstitutional because Congress interfered with executive authority.
Lauren Bis, a White House spokeswoman, backed the department’s view, arguing it interferes with the separation of powers. Lawyers for the administration add that the recordkeeping demands are a burden and may discourage advisers from speaking honestly with the President.
Historians and watchdogs have taken the matter to court, arguing that if the statute is set aside, it would give Trump the power to decide what people could learn about his administration in the future.
Nikhel Sus, chief counsel for Citizens for Responsibility and Ethics in Washington, told NPR that a victory for Trump could effectively end the public's right to access presidential papers.
John Bellinger, a former legal adviser to Bush's National Security Council, points out the national security element to the case. "Access to the records on national security issues of former presidents is really vital for the continuity of our government,
He further explained that officials rely on records from previous administrations to understand conversations with foreign leaders, adding that it will leave them at a “terrible disadvantage.”
After leaving office in 2021, he kept sensitive records at his Mar-a-Lago estate, which led ot a criminal prosecution.
The court dismissed the case in 2024 over the appointment of special counsel Jack Smith, and prosecutors later dropped the charges after Trump's election victory.
Conservative attorney Michael Edney, a Bush administration official, suggested the dispute could end up in the Supreme Court.
Friday's arguments are the beginning of a case that will test how much control a president can have over the historical record.
