It was recently reported that former President Donald Trump is hitting back and asking the Supreme Court to step in and stop the National Archives from handing White House documents to the House Select Committee on January 6. This comes weeks after the D.C. Circuit Court of Appeals ordered the National Archives to give the committee the requested documents, The Daily Mail reported.
It now puts the constitutional challenge before the high court, where Trump nominated three of the nine sitting justices and represents a last-ditch effort to shield the documents from the committee that has interviewed hundreds of witnesses in its effort to reconstruct the events leading up to the Capitol riot.
Earlier this month, a three-judge panel – two judges appointed by Barack Obama and one by Biden – unanimously upheld a lower court’s ruling denying Trump a preliminary injunction to stop the release of records.
Trump’s lawyers filed an emergency appeal to meet a deadline imposed by the lower court.
The January 6th Committee has sought records, logs, photographs, and calendars as it probes Trump’s election overturn effort and the Capitol riot on the day Congress met to count the electoral votes that made Biden president.
Attorneys for Trump “both the Constitution and the Presidential Records Act give former Presidents a clear right to protect their confidential records from premature dissemination. This case presents a clear threat to that right.”
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And they argued that the Appeals Court ruling was “troubling,” and they said that it “lacks any meaningful or objective limiting principle. In an increasingly partisan political climate, such records requests will become the norm regardless of what party is in power.”
Because President Joe Biden did not protect the documents with executive privilege the appeals court decided that the former president could not.
“On the record before us, former President Trump has provided no basis for this court to override President Biden’s judgment and the agreement and accommodations worked out between the Political Branches over these documents,” the court said.
The Supreme Court ruled in January not to allow Trump to block the documents via executive privilege, Politico reported.