GoKawiilDOJ argues presidents could legally sell classified records, court told
In oral arguments before the D.C. Circuit, Justice Department lawyers said a president could sell national security secrets to the highest bidder, affirming a position laid out in a DOJ memo that calls the Presidential Records Act unconstitutional. The case stems from a lawsuit by Freedom of the Press Foundation and Citizens for Responsibility and Ethics in Washington, which won a preliminary injunction in May requiring the White House to keep following the law while the case proceeds.
GoKawiil's interpretation of the reporting above, not reported fact.
The DOJ's stance suggests the administration wants to reclassify presidential records as personal property rather than public assets subject to archival and disclosure rules, which could weaken decades of transparency law if upheld. A ruling against the government would reaffirm that records documenting presidential decisions, including sensitive national security material, remain under public control rather than at a president's personal disposal.
- DOJ lawyers told appellate judges a president could theoretically sell classified secrets, such as on eBay.
- The dispute centers on whether the Presidential Records Act is constitutional, a position DOJ memos reportedly dispute.
- FPF and CREW previously won a preliminary injunction in May forcing continued compliance with the Act while litigation continues.
Source: freedom.press — Lauren Harper, 2026-10-26
Published there as: “DOJ says presidents should be able to sell secrets on eBay”
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