Judge Patricia Millett, writing for the court, said Congress had “uniquely significant interests” in studying the events of January 6.
A federal appeals court on Thursday ruled against former President Donald Trump’s attempt to shield documents from a House committee investigating the January 6 uprising at the Capitol.
In a 68-page decision, the three-judge panel rejected Mr Trump’s various arguments for blocking through executive privilege records that aimed to overturn the committee’s results for his investigation into the deadly riots. considers important. 2020 presidential election.
Judge Patricia Millett, writing for the court, said that Congress had “uniquely significant interests” in studying the events of January 6 and said that President Joe Biden had made a “carefully reasoned” determination that the document was in the public interest. and that executive therefore privilege should not be invoked.
Mr Trump also failed to show any damages that would result from the release of the sought records, Judge Millett wrote.
“On the record before us, former President Trump has not provided any grounds for this court to override President Biden’s decision and has worked out agreements and accommodations between the political branches on these documents,” the opinion said. .
It adds, “Both branches agree that there is a unique legislative requirement to these documents and that they are directly relevant to the Committee’s investigation into the attack on the legislative branch and its constitutional role in the peaceful transfer of power.”
The appeals court ruled that the injunction preventing the National Archives from altering the documents would expire in two weeks, or when the Supreme Court would rule on an appeal expected from Mr. Trump, whichever is later. Mr Trump’s attorneys may also ask the entire appeals court to review the case.
“The privilege being granted is not a personal privilege belonging to former President Trump; he runs it for the benefit of the Republic,” the court wrote.
“The interests that protect the privilege belong to the Presidency, not former President Trump personally. And the President has determined that immediate disclosure will promote the national interest, not hurt, and that delay here is harmful in itself.” The court also praised Mr Biden’s “calibrated decision” in working with Congress and the Archives to weigh the privilege concerns, saying “it bears no resemblance to former President Trump’s broad and unlimited waiver of executive privilege.” Mr. Biden had said the committee deferred its requests for some early documents that could contain claims of privilege, and officials expect more documents in subsequent installments to be subject to the same outcome.
Representatives for the House committee and Mr Trump did not immediately respond to requests for comment on Thursday.
In response to Tuesday’s decision, White House spokesman Mike Gwynn said, “As President Biden has determined, the constitutional protection of executive privilege should not be used to shield information that is itself an explicit attempt to overturn the Constitution.” And shows a clear effort.” Mr Trump sued the House January 6 committee and the National Archives to block the White House from allowing him to release documents related to the rebellion. Mr Biden had waived Mr Trump’s claims of executive privilege as the current officeholder.
The issue, the court said, is not that Trump “has no say in the matter” but that his failure to show that withholding documents should reverse Biden’s “considered and weighty decision” that Congress deserves for them.
The National Archives said the records Mr Trump wants to block include presidential diaries, visitor logs, speech drafts, handwritten notes “related to the January 6 events” and “a draft from files by former Chief of Staff Mark Meadows”. executive”. Order on the subject of election integrity”. Arguing for the committee, US House Counsel Douglas Letter argued that the determination of the current president should be greater than that of the predecessors in almost all circumstances and noted that both Mr. Biden and Congress had agreed that the January 6 record should be should be abolished.
Arguments were heard by all three appeals court judges, who were nominated by Democrats. Judge Millett and Judge Robert Wilkins were nominated by former President Barack Obama. Judge Ketanji Brown Jackson is a Biden appointee who should be seen as a contender for a Supreme Court seat during the current administration.
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