Politics

Trump administration argues White House papers belong to the president at appeals court

Justice Department attorney John Bailey argued the 1978 Presidential Records Act is unconstitutional, a position reached in April.

Updated Oct 17, 2026 · 00:20 UTC2 reports

The short version

Administration lawyers argued before a federal appeals court in Washington that presidents own their White House papers.[The Washington Sun · NPR]
Justice Department attorney John Bailey called the 1978 records law unconstitutional, and the government reportedly said a president could potentially sell records on eBay.[The Washington Sun]
Watchdog group CREW, which sued over the move, warns that accepting the administration's view would end public access to presidential papers.[NPR]

Administration lawyers argued before a federal appeals court in Washington that presidential papers created in the White House belong to Trump, not the public.[NPR]
The Justice Department moved about six months before the hearing to invalidate the 1978 Presidential Records Act.[The Washington Sun · NPR]
Justice Department attorney John Bailey argued the 1978 Presidential Records Act is unconstitutional, a position the department reached in April.[The Washington Sun]
Every president since the act took effect has complied with it until this year.[NPR]
Judge John Bates, a George W. Bush appointee, ruled against the Trump White House earlier this year.[NPR]

Whether the appeals court will accept the administration's view is unresolved, and no ruling is reported in the provided coverage.[The Washington Sun · NPR]
The claim that a president could sell records on eBay comes from one hearing account and has not been independently confirmed.[The Washington Sun]
The administration's position that the act is unconstitutional is contested by the watchdog group and by former officials cited in coverage.[NPR]

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.