Summary
**Presidential Records Act – Mandamus – Message-Deleting Apps – Judicial Review of Recordkeeping** The D.C. Circuit affirmed dismissal of a mandamus action seeking to compel President Trump to prohibit White House staff from using message-deleting apps (e.g., Snapchat, Confide) for official communications. The court held that the White House’s February 2017 memo prohibiting such apps and directing use of official email accounts satisfied the President’s duties under the Presidential Records Act (PRA), 44 U.S.C. § 2201 et seq., and that CREW failed to show a clear and indisputable right to mandamus relief. Even if the memo were imperfectly enforced, courts lack jurisdiction to review day-to-day presidential recordkeeping compliance under *Armstrong v. Bush*, 924 F.2d 282 (D.C. Cir. 1991). The decision underscores that the PRA precludes judicial micromanagement of the President’s internal records management practices.
Topics
Practice areas
Questions Presented
- Whether CREW is entitled to a writ of mandamus compelling the President to comply with the PRA by prohibiting the use of message-deleting apps and implementing records management controls.
Holdings
- CREW failed to establish a clear and indisputable right to relief because the White House issued a facially PRA-compliant memo prohibiting the use of such apps, and because courts lack jurisdiction to review day-to-day PRA compliance under Armstrong I.
Key quotations
“the remedy of mandamus is a drastic one, to be invoked only in extraordinary situations.” (at 2)
“In order to obtain mandamus relief, a plaintiff must demonstrate (1) a 'clear and indisputable right to relief,' (2) that the government official has a 'clear duty to act,' and (3) that 'no adequate alternative remedy exists.'” (at 5)
“CREW has failed to establish the most fundamental element of mandamus: a clear and indisputable right to relief.” (at 6)
“Together, then, the February 2017 Memo and Armstrong I establish that CREW has no 'clear and indisputable right to [mandamus] relief,' thus depriving this court of jurisdiction.” (at 11)
Factual background
Shortly after President Trump took office, press reports indicated that White House personnel used messaging apps that automatically delete messages. CREW sued, alleging that this practice violates the Presidential Records Act (PRA), which requires preservation of official presidential records. CREW sought a writ of mandamus to prohibit use of such apps and require guidelines. The White House had issued a memo in February 2017 prohibiting the use of such apps and directing staff to use official email accounts. The district court dismissed the mandamus claim.
Procedural history
The district court granted the White House's motion to dismiss the mandamus claim, concluding that the PRA does not obligate the President to perform any duty with the requisite specificity. The court also denied a motion to alter or amend judgment, finding that the plaintiff forfeited arguments about other duties. CREW appealed both decisions.