Preserving Digital History in the Time of Trump

A Primer on the Presidential Records Act

President Barack Obama takes notes during a video conference with President Ashraf Ghani of Afghanistan in the Situation Room of the White House, Oct. 22, 2014. (Official White House Photo by Pete Souza)

As the country grapples with the hyperpartisan struggle over the impeachment and acquittal of Donald J. Trump, it’s worth reflecting on an arcane bit of legal history that could have wide-ranging implications that continue to echo long after these current questions are decided: the Presidential Records Act of 1978 (PRA).

The law, passed as part of the Watergate Reforms in the aftermath of Richard Nixon’s assault on our country’s institutions, sought to ensure that hard-copy — and now digital — records generated by the President, Vice President and their respective staffs are preserved for the historical record. It is an interesting study in how aging laws are struggling to keep up with the rapid expansion of technology, and, given the current political climate in which questions of presidential records management are concerned — especially with regard to social media — a deeper look is a worthwhile effort.

From the average taxpayer’s perspective, the law is largely common sense. The President and his teams work for the taxpayers — ergo any documents or records they create during their official work belong to them. So the Presidential Records Act defines exactly what a “record” for the purposes of the statute is, who is responsible for them, and…