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Trump’s Presidential Records Act Violations: Short- and Long-Term Solutions

Lawfare: “…As in various other situations in which Trump has flouted well-established laws and norms that typically constrain the president, his apparent brazen disregard of the PRA [Presidential Records Act] presents two sets of questions: First, what are available mechanisms for accountability against a president who violates these rules? And second, what future reforms would strengthen guardrails against rule of law violations by the occupant of the Oval Office? After a short primer on the PRA’s origins and how it operates, we discuss both sets of questions…The recent reporting about former President Trump’s cavalier disregard of the PRA will once again test the limits of checks and balances and democratic accountability. There are some mechanisms available to the Department of Justice and others to create liability or other forms of accountability for deliberate violations of the law. These are important to pursue—principally, in order to prevent recurrence should somebody with Trump’s document-destroying proclivities again be in power. Beyond that, Trump’s document habits reinforce the need to strengthen guardrails and ensure that various actors in the United States’ constitutional system have the ability to check a law-breaking chief executive. There are ample ways to do so, and Congress and the current administration should work to make them law…”

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