Trump’s First-Term Presidential Records Subject to FOIA Next Week
Under the Presidential Records Act, the records of presidents, vice presidents and their staff become accessible through the FOIA five years after the end of administration.
President Donald Trump speaks at the National Archives in Washington in September 2020.
Photographer: Alex Edelman/CNPWelcome back to FOIA Files. I’m traveling this week so I’m going to keep this week’s newsletter short. Jan. 20, 2026 is a big day for government document junkies. That’s when presidential records from Donald Trump’s first term in office, which are US government property, will be subject to the Freedom of Information Act. Same goes for Mike Pence’s vice presidential records. If you’re not already getting FOIA Files in your inbox, sign up here.
Under the Presidential Records Act, the records of presidents, vice presidents and their staff only become accessible through the FOIA five years after the end of administration. (The National Archives and Records Administration processes the records for requesters.) There are some categories of documents, such as those related to national security, that a president can assert privilege over. Under the law, those types of records can be withheld for up to 12 years.