Appeals panel skeptical of DOJ claim that Presidential Records Act is unconstitutional
At a Friday D.C. Circuit hearing, judges appeared doubtful of the Justice Department's argument that the 1978 Presidential Records Act is unconstitutional. Coverage differs in emphasis on the judges' remarks and on Trump's Mar-a-Lago history.
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The story, neutrally told
Mixed · 2A three-judge panel of the D.C. Circuit appeared doubtful on Friday of the Justice Department's argument that the Presidential Records Act is unconstitutional. Raw StoryL “A federal appeals panel appeared deeply doubtful Friday of the Justice Department’s argument that the Presidential Records Act is unconstitutional” Read at Raw Story ↗ Washington ExaminerR “A federal appeals court appears likely to dismiss President Donald Trump’s argument that a law ensuring presidential papers are retained by the government is unconstitutional.” Read at Washington Examiner ↗ Left · 1The 1978 law, a post-Watergate measure, treats White House records as government property that must be saved and handed to the National Archives. Raw StoryL “treats White House records as government property that must be saved and handed to the National Archives” Read at Raw Story ↗ Left · 1Justice Department lawyer John Bailey told the panel the statute intrudes on the presidency and has outlived its usefulness, and warned that a future president might use the records to embarrass a predecessor's staff, according to Raw Story's account of a New York Times report. Raw StoryL “Justice Department lawyer John Bailey told the D.C. Circuit panel the statute intrudes on the presidency and has outlived its usefulness.” Read at Raw Story ↗
Left · 1Judge Cornelia Pillard, an Obama appointee, called that view "such a sad and such a partisan view" and said it assumed the separation of powers protects only the current president. Raw StoryL ““That is such a sad and such a partisan view,” she said.” Read at Raw Story ↗ Left · 1Judge Patricia Millett, also an Obama appointee, asked how presidents had received reliable advice for decades under the law. The judges noted that if records were personal property, a president could sell them or leave them to heirs, and Pillard raised the possibility of a relative selling them to a foreign adversary. Bailey replied that a former president would be a better steward than a possibly hostile successor. Raw StoryL “Bailey replied that a former president would be a better steward of the records than a possibly hostile successor.” Read at Raw Story ↗ Left · 1Judge Justin Walker, a Trump appointee, raised concerns about the law, including whether stored records could be mined by a foreign adversary using AI, and asked whether Congress could demand similar disclosure from the Supreme Court. Daniel Jacobson, representing the challengers, said the presidency differs from the judiciary and that "No branch is hermetically sealed from proper regulation." Raw StoryL “Judge Justin Walker, a Trump appointee, raised concerns about the law” Read at Raw Story ↗
Left · 1The Justice Department's Office of Legal Counsel found the law unconstitutional in April, and a federal judge ordered the White House in May to keep preserving records. Raw StoryL “The Justice Department’s Office of Legal Counsel found the law unconstitutional in April, and a federal judge ordered the White House to keep preserving records in May.” Read at Raw Story ↗ Mixed · 2The Washington Examiner links the argument to accusations that Trump violated the law by storing classified documents at Mar-a-Lago, a link Raw Story also draws, saying Trump has long dismissed the law's legitimacy. Washington ExaminerR “after the president was accused of violating the law by storing classified documents at his Mar-a-Lago home” Read at Washington Examiner ↗ Raw StoryL “Trump has long either dismisssed the legitimacy of the Presidential Records Act” Read at Raw Story ↗
Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.
Left1 outlet
- Framing
- Leads with a judge rebuking the DOJ lawyer, relaying the New York Times report with sharp quotes and background on Trump's dismissal of the law.
- Emphasis
- Judges' pointed remarks, hypotheticals about selling records to foreign adversaries, and Trump's history with the law.
- Leaves out or plays down
- Gives little of the DOJ's reasoning beyond Bailey's brief comments.
- Charged language
- “rips”“sad”
- For example
-
“Judge rips Trump DOJ lawyer to his face over ‘sad’ push for White House records: NYT” — Raw Story
Centre0 outlets
No centre outlet in our sources has covered this story yet.
Right1 outlet
- Framing
- Reports that the court appears likely to reject Trump's argument, framing it as Trump's private-ownership claim and tying it to the Mar-a-Lago accusation.
- Emphasis
- The court's likely rejection and the classified-documents background.
- Leaves out or plays down
- Names no judges or quotes in the available text.
- For example
-
“Appeals court presses hard against Trump’s argument for private ownership of presidential records” — Washington Examiner
What every side reports
- A D.C. Circuit panel heard argument on Friday over the Presidential Records Act's constitutionality.
- The panel appeared skeptical of the Justice Department's position.
- The 1978 law requires presidential records to be retained by the government.
- The dispute is tied to Trump's Mar-a-Lago documents case.
Department of Justice organisation
Argues through lawyer John Bailey that the act intrudes on the presidency and is outdated; its Office of Legal Counsel found it unconstitutional in April.
“Justice Department lawyer John Bailey told the D.C. Circuit panel the statute intrudes on the presidency and has outlived its usefulness.” — Raw Story
Donald Trump person
Trump's side is described as arguing the act is illegal; Raw Story says he has long dismissed its legitimacy.
“Trump’s legal team has argued that the 1978 Presidential Records Act is illegal” — Washington Examiner
Left1 article
-
Judge rips Trump DOJ lawyer to his face over ‘sad’ push for White House records: NYT
Critical Highlights a judge's sharp rebuke of the Trump DOJ lawyer and links Trump's stance to the Mar-a-Lago case.
Centre0 articles
No coverage yet.
Right1 article
-
Appeals court presses hard against Trump’s argument for private ownership of presidential records
Neutral Straight report that the panel seems likely to reject the argument, with Mar-a-Lago context.
- 17 Oct 00:35 First Raw StoryL Judge rips Trump DOJ lawyer to his face over ‘sad’ push for White House records: NYT
- 17 Oct 17:04 +16h 29m Washington ExaminerR Appeals court presses hard against Trump’s argument for private ownership of presidential records
Times are when each article was published, or when we first saw it if the outlet gave no time.
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