Trump's bold claim about papers

The Trump administration will argue Friday before a federal appeals court that papers created in the White House belong to Donald Trump, not to the American people.

Challenging a post-Watergate law

Six months ago, the Justice Department moved to invalidate the Presidential Records Act, a federal law in place since nineteen seventy-eight. Conservative lawyer Michael Edney called it a post-Watergate overreach into executive power.

Presidents obeyed the law until now

For some two hundred years, presidents could decide what to do with their papers until disputes with Richard Nixon prompted Congress to act. Every president since then complied with the records law, until this year.

White House claims unconstitutionality

White House spokeswoman Lauren Bis said the Presidential Records Act is unconstitutional and a clear violation of the separation of powers.

“The Presidential Records Act is unconstitutional and a clear violation of the separation of powers.”

The Mar-a-Lago documents case

The White House's reinterpretation comes after Trump was indicted on obstruction of justice charges for allegedly stockpiling classified documents at his Mar-a-Lago resort. A federal judge threw out the case for technical reasons.

Watchdog group warns of public loss

Nikhel Sus, chief counsel for Citizens for Responsibility and Ethics in Washington, said accepting the Trump argument would mean the American people have no right to access the president's papers.

“If the courts were to accept it, and we are hopeful that they will not, it would mean the people really have no right of access to the president's papers and that would be a major loss for archivists, historians and to the American people writ large.”

Judge invokes Orwell's warning

Senior U.S. District Judge John Bates, an appointee of former President George W. Bush, ruled against the Trump White House this year. He opened his decision with a quote from George Orwell's nineteen eighty-four.

“Who controls the past controls the future; who controls the present controls the past.”

Former officials cite national security

John Bellinger, legal adviser to the National Security Council under George W.Bush, said access to presidential records is vital for continuity of government.

“Often the only record of what a president has said to a foreign leader, or perhaps even more important, what a foreign leader, friend or foe, has said to the president of the United States, is in a written document.”

Trump aims for Supreme Court

Conservative lawyer Michael Edney said the Trump administration wants this case to reach the Supreme Court at a time of their choosing, with arguments of their choosing, and with the Solicitor General's office making their…

“They want this to go to the Supreme Court. I think they want this resolved at a time of their choosing, with arguments of their choosing, and a court of their choosing, and with the Solicitor General's office that's making their arguments, as opposed to a subsequent administration.”

Three judges will decide Friday

Three judges from the U.S. Court of Appeals for the D.C. Circuit will consider the issue on Friday. The case could ultimately end up at the conservative-leaning Supreme Court.