Date uploaded: 2021-12-09 22:51:32
A federal appeals panel ruled Thursday that a House committee investigating the Jan. 6 Capitol insurrection should get access to Donald Trump’s presidential records.
Trump fought the subpoena to the National Archives and Records Administration by arguing under executive privilege that releasing confidential documents would deprive future presidents of candid advice from aides.
But President Joe Biden waived executive privilege governing the documents. The case focused on whether Biden’s opinion as the sitting president outweighed Trump’s, as previous cases ruled.
"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," Judge Patricia Millett wrote for the three-judge panel.
"Both Branches agree that there is a unique legislative need for these documents and that they are directly relevant to the Committee’s inquiry into an attack on the Legislative Branch and its constitutional role in the peaceful transfer of power."
Beyond the Jan. 6 investigation, the case is important because it set new guidelines on relations between the executive and legislative branches of government. Trump’s lawyers asked for a two-week delay in releasing the documents – if they lost – to provide time for an appeal to the Supreme Court. The appeals panel said the temporary stay on the release of documents would remain in place for 14 days.
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