While the legal dispute involves the powers of the president — and in this instance, an ex-president — it arises amid a partisan battle over Trump’s role in inciting an attack on Congress as lawmakers met to certify Biden’s victory over Trump.
Former President Trump asked the Supreme Court on Thursday to shield his White House files from being turned over to the House committee investigating the Jan. 6 attack on the Capitol.
A federal judge and a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit rejected Trump’s executive privilege claims in recent weeks.“Presidents are not kings, and the plaintiff is not president,” wrote U.S. District Judge Tanya Chutkan, an Obama appointee, in a November ruling that turned aside Trump’s claims.
Committee chairman Rep. Bennie Thompson also requested “documents, communications, videos, photographs and other media generated within the White House on Jan. 6, 2021 that relate to the rally on the Ellipse, the march to the Capitol, the violence at the Capitol, and the activities of President Trump and other high-level Executive Branch officials that day,” the appeals court noted.
Lawyers for Trump filed suit in October seeking to block the release. They said the records were protected by presidential privilege, and Congress had no “legitimate legislative purpose” in obtaining them. She noted the Supreme Court left open the possibility in 1977 that former President Nixon could still assert some claims of “confidentiality” in his White House records. But in this case, the balance of interests clearly favors Congress and its need for information, wrote Millett, an Obama appointee who was joined in her ruling by two other Democratic appointees.
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