Former and current U.S.President Donald Trump is actively working to claim personal ownership over his presidential records, a move legal experts warn could create a lasting legal barrier against investigations.

A Justice Department opinion released in April, authored by a Trump loyalist, argued that the Presidential Records Act of 1978 is unconstitutional because it infringes on the executive branch's autonomy.This opinion would give Trump sole authority to decide which records are preserved or made public.Legal scholars, including former National Archives litigation director Jason R.Baron, have expressed concern that if Trump succeeds, he could block future subpoenas, preventing public access to records.Federal courts have already pushed back: Judge John D.Bates of the U.S.

District Court for the District of Columbia rejected Trump’s arguments in May, quoting George Orwell to underline the stakes of controlling historical records.

This ongoing battle has roots in Trump’s first term, when disputes over records taken to Mar-a-Lago led to his federal indictment on classified documents charges.Since regaining office in 2024, Trump has reorganized the National Archives leadership to consolidate control.

Experts note that the Presidential Records Act was created after Watergate to prevent presidents from withholding critical documents, and Trump's efforts echo historical attempts to control executive records, highlighting potential conflicts between presidential authority and public accountability.