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Trump does not have to turn over presidential records, Justice Department says
The Justice Department has issued a legal opinion arguing that President Donald Trump does not have to turn over his presidential records to the National Archives at the end of his administration.
The Presidential Records Act of 1978 requires presidential documents be sent to the National Archives and Records Administration. In an opinion released Thursday, the Justice Department’s Office of Legal Counsel found the law “is unconstitutional for two independent but interlocking reasons.”
It exceeds Congress’ powers and it does so at the expense of the autonomy of the presidency, T. Elliot Gaiser wrote in the opinion, noting that Congress can’t order the papers of Supreme Court justices to be sent to the archives.
The president “need not further comply with its dictates.”
If the Trump administration chooses to follow the opinion from the office, which offers legal advice to the executive branch but does not set law, he could face outside legal challenges should he violate the Presidential Records Act in the future.
The determination is a signal that the president will not turn over his documents to the archives. Trump was accused violating the Presidential Records Act by refusing to turn over documents he kept after leaving office following his first term.
According to federal prosecutors, Trump willfully retained national defense documents at his private home in Mar-a-Lago, obstructed justice and concealed materials, including a classified military map reportedly shown to unauthorized individuals. The case was dismissed by Judge Aileen Cannon in 2024 before he won re-election.
A memo by the special prosecutor’s office later released found that the president kept a document that was previously accessible by only a few people at his home.
“Trump had in his possession some highly sensitive documents — the type of documents that only presidents and officials with the most sensitive authority have,” the memo said.
Trump has long argued he did nothing wrong. Shortly after he took office, he dismissed the head of the National Archives, following through on a vow to change the leadership atop the agency, which was involved in the criminal case against him.
The office of legal counsel serves as a quasi-judicial office within the executive branch. It was once involved in the George W. Bush- era memos authorizing the use of “enhanced interrogation techniques” like waterboarding against terrorism suspects.
Axios first reported details of the opinion. Gaiser, who previously clerked for Supreme Court Justice Samuel Alito, was part of Trump’s 2020 campaign team, and was named in testimony before the Jan. 6 committee in which former White House press secretary Kayleigh McEnany named him as someone she “really trusted on the matters of election integrity.”
McEnany said that Gaiser advised that the vice president had a “substantive” role to play in the election certification process, the type of view which gave Trump supporters hope that Mike Pence could overturn Trump’s 2020 election loss.
Responding to written questions during his nomination process, Gaiser declined to discuss his views in detail, and wrote that his “ethical duties as an attorney include a duty of confidentiality regarding the advice I provided to a former client.”
The Presidential Records Act, signed into law by President Jimmy Carter in 1978 following the Watergate scandal, requires official records of the president and vice president, created or received after January 1981, to be made public, and for the National Archives to manage a president’s records after the individual leaves office.
The act requires that the president “take all practical steps” to keep presidential records separate from personal records, and it allows the president — once the archivist weighs in — to dispose of records that no longer have “administrative, historical, informational, or evidentiary value.”
The act also states that presidential records are automatically transferred into the legal custody of the archivist as soon as the president leaves office.
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Video: Americans Exposed to Hantavirus on Cruise Ship Arrive in United States
new video loaded: Americans Exposed to Hantavirus on Cruise Ship Arrive in United States
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transcript
Americans Exposed to Hantavirus on Cruise Ship Arrive in United States
Eighteen passengers who were aboard the MV Hondius, a cruise ship with a deadly hantavirus outbreak, landed in Omaha on a U.S. government medical flight. The passengers were being monitored at medical facilities in Nebraska and Georgia.
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We’re working diligently to ensure no one leaves the security in an unsecured way at an inappropriate time. No one who poses a risk to public health is walking out the front door of the streets of Omaha or beyond.
By Axel Boada
May 11, 2026
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White House Correspondents’ Dinner shooting suspect pleads not guilty in federal court
The man charged with attempting to assassinate President Donald Trump at the White House Correspondents’ Association dinner last month pleaded not guilty at a Monday arraignment in federal court.
Cole Tomas Allen, 31, wearing an orange shirt and trousers, was handcuffed and shackled as he was brought into the courtroom in Washington, D.C., federal court. His handcuffs were attached to a chain around his waist, which clanked as he was led to the defense table.
Speaking on behalf of Allen, federal public defender Tezira Abe said her client “pleads not guilty to all four counts as charged,” including attempting to assassinate the president of the United States, in connection with the April 25 incident at the Washington Hilton hotel.
Assistant U.S. Attorney Charles Jones advised the court that they plan to start producing their first tranche of discovery to the defense by the end of the week.
Officials said Allen, a California teacher and engineer, was armed with multiple guns, as well as knives, when he sprinted through a security checkpoint near the event where Trump and other White House officials had gathered with journalists.
He was arrested after an exchange of gunfire with a U.S. Secret Service officer who fired at him multiple times, a criminal complaint said. Allen was not shot during the exchange. The officer, who was wearing a ballistic vest, was shot once in the chest, treated at a hospital and released.
Trump and top members of his Cabinet and Congress were quickly evacuated from the room as others ducked under tables.
Allen was initially charged with attempting to assassinate the president, transportation of a firearm and ammunition through interstate commerce with intent to commit a felony, and discharge of a firearm during a crime of violence. On Tuesday, a federal grand jury indicted him on a new charge in the shooting of a Secret Service agent.
Moments before the attack, Allen had sent his family members a note apologizing and criticizing Trump without mentioning the president by name, according to a transcript of some of his writings provided to NBC News by a senior administration official. Allen also wrote that “administration officials (not including Mr. Patel)” were “targets.”
He also appeared to have taken a selfie in his hotel room. Prosecutors said Allen, who was dressed in a black button-down shirt and black pants, was “wearing a small leather bag consistent in appearance with the ammunition-filled bag later recovered from his person,” as well as a shoulder holster, a sheathed knife, pliers and wire cutters.
Officials have said they believe Allen had traveled by train from California to Washington, D.C., before checking into the hotel.
Allen’s sister, Avriana Allen, told law enforcement that her brother would make radical comments and constantly referenced a plan to fix the world, but said their parents were unaware that he had firearms in the home and that he would regularly train at shooting ranges.
Records show that he had purchased a Maverick 12-gauge shotgun in August 2025 and an Armscor Precision .38 semiautomatic pistol in October 2023.
After his arrest, Allen told the FBI that he did not expect to survive the incident, according to Assistant U.S. Attorney Jocelyn Ballantine. He was briefly placed on suicide watch at the Washington, D.C., jail, where he’s being held.
Allen is expected to appear in court for a June 29 hearing.
At Monday’s arraignment, his legal team said they plan on asking for the “entire office” of the U.S. attorney for the District of Columbia to be recused because of U.S. Attorney Jeanine Pirro’s apparent involvement in the case in a “supervisory role.” Federal public defender Eugene Ohm said some of the evidence they receive from the government will further inform that decision.
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Maps: Earthquakes Shake Southern California
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
Shake intensity
Pop. density
A cluster of earthquakes have struck near the U.S.-Mexico border, including ones with a 4.5 and 4.7 magnitude, according to the United States Geological Survey.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.
Aftershocks detected
Quakes and aftershocks within 100 miles
Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.
The New York Times
When quakes and aftershocks occurred
Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Saturday, May 9 at 11:55 p.m. Eastern. Aftershocks data is as of Sunday, May 10 at 11:54 p.m. Eastern.
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