ICAP joins co-counsel at Citizens for Responsibility and Ethics in Washington (CREW) in representing CREW and Freedom of the Press Foundation on appeal in their challenge to the refusal of White House officials to ensure the preservation of presidential records as required by the Presidential Records Act.
In May 2026, the federal district court entered a preliminary injunction requiring the defendants to comply with the Records Act. The defendants are now appealing that order solely on the ground that the Records Act violates the separation of powers and is therefore unconstitutional. The case is consolidated on appeal with American Historical Association v. Trump, D.C. Cir. No. 26-5185.
