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Former US president Donald Trump
Former US president Donald Trump
Image: Evan Vucci

Federal judge refuses Trump request to block release of 6 January Capitol riot documents

The judge said President Joe Biden had the authority to waive executive privilege over the documents.
Nov 10th 2021, 7:03 AM 21,186 27

A FEDERAL JUDGE has rejected former president Donald Trump’s request to block the release of documents to the House committee investigating the 6 January Capitol riot.

In denying a preliminary injunction yesterday, US District judge Tanya Chutkan said Congress had a strong public interest in obtaining records that could shed light on a violent insurrection mounted by the former president’s supporters.

She added that President Joe Biden had the authority to waive executive privilege over the documents despite Trump’s assertions otherwise.

Barring a court order, the National Archives plans to turn over Trump’s records to the committee by Friday.

But Trump’s lawyers swiftly promised an appeal to the US Court of Appeals for the District of Columbia Circuit. The case will likely eventually head to the US Supreme Court.

Chutkan wrote: “At bottom, this is a dispute between a former and incumbent President.

“And the Supreme Court has already made clear that in such circumstances, the incumbent’s view is accorded greater weight.”

Trump “does not acknowledge the deference owed” to Biden’s judgment as the current president, Chutkan said.

She noted examples of past presidents declining to assert executive privilege and rejected what she said was Trump’s claim that executive privilege “exists in perpetuity”.

“Presidents are not kings, and Plaintiff is not President,” she said.

According to an earlier court filing from the archives, the records include call logs, drafts of remarks and speeches and handwritten notes from Trump’s then-chief of staff, Mark Meadows.

There are also copies of talking points from then-press secretary Kayleigh McEnany and “a draft Executive Order on the topic of election integrity”, the National Archives has said.

Bennie Thompson, who chairs the House committee, told CNN yesterday that Chutkan’s ruling was “a big deal” and said Trump should stop behaving like a “spoiled brat”.

“I look forward to getting this information,” Thompson said.

“I look forward to our investigators going through it with a fine-tooth comb to make sure that our government was not weaponised against its citizens.”

The nine-member House committee is investigating not just Trump’s conduct on 6 January — when he told a rally to “fight like hell” shortly before rioters overran law enforcement — but his efforts in the months before the riot to challenge election results or obstruct a peaceful transfer of power.

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The committee has interviewed more than 150 witnesses and issued more than 30 subpoenas, including ones announced yesterday to McEnany and former top adviser Stephen Miller. It has not yet issued one for Trump.

The former president has repeatedly attacked the committee’s work and continued to promote unfounded conspiracy theories about the election.

In suing to block the National Archives from turning over documents, Trump called the House panel’s request a “vexatious, illegal fishing expedition” that was “untethered from any legitimate legislative purpose”.

Allowing the House to get access to his records would also damage executive privilege for future presidents, Trump’s lawyers argued.

But Chutkan said the “the public interest lies in permitting — not enjoining — the combined will of the legislative and executive branches to study the events that led to and occurred on 6 January, and to consider legislation to prevent such events from ever occurring again”.

Trump’s spokesperson Taylor Budowich tweeted last night that the case “was destined to be decided by the Appellate Courts”.

He added that “Trump remains committed to defending the Constitution & the Office of the Presidency, & will be seeing this process through”.

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