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Washington DC

Appeals court to decide if Americans own presidential papers

The administration argues White House papers belong to Trump, challenging the Presidential Records Act in court.

Oct 16, 2026, 8:00 AM By the Genius Eye newsroom (City Reporter) · Fact-checkedHow we report
Photo: Familydestinationsguide.com Images / CC BY 2.0, via Wikimedia Commons

An appeals court in Washington, D.C., is set to weigh in on a legal dispute over the ownership of presidential papers, according to reports from multiple outlets including tspr.org and northcountrypublicradio.org. The current administration contends that documents created in the White House belong to former President Donald Trump personally, not to the American public.

This case challenges the Presidential Records Act, a federal law enacted in 1978 after disputes over Richard Nixon's records. The Justice Department moved six months ago to invalidate this law, arguing it infringes on executive branch prerogatives, as reported by tspr.org. A White House spokeswoman described the act as unconstitutional and violating separation of powers.

The dispute follows the indictment of Trump on obstruction of justice charges related to the handling of classified documents at his Mar-a-Lago resort, though the case was dismissed on technical grounds and later dropped after his reelection, tspr.org noted. The administration's reinterpretation marks a departure from compliance with the records law by every president since its enactment.

Opponents, including watchdog groups like Citizens for Responsibility and Ethics in Washington, argue that accepting the administration's position would deny the public access to presidential papers, a significant loss for historians and archivists. A federal judge previously ruled against the Trump White House, citing concerns about control over historical records.

The appeals court's decision could ultimately be reviewed by the conservative-leaning Supreme Court, highlighting the ongoing legal and constitutional debate about presidential records and public access.

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