Trump’s lawyers have asked a federal appeals court for a temporary stay so he can appeal to hand over documents to the 1/6 committee.
Trump appeals based on imaginary executive privilege
President Trump is also likely to succeed in his appeal because the district court erred in finding that President Biden had unlimited discretion to allow Congress to invade President Trump’s executive privilege. New questions about congressional access to presidential records and executive privilege are at the heart of this matter. These are serious issues that the Supreme Court has referred to as “fundamental to the ‘operation of the government’.” Mazars, 140 S. Ct. at 2032 (citation United States v. Nixon, 418 US 683, 708 (1974)).
The disagreement between a sitting president and his predecessor of a rival political party underscores the importance of executive privilege and the ability of presidents and their advisers to conduct fully full and honest USCA case # 21-5254 Document # 1921966 Filed: 11/11 to make and receive / 2021 Page 8 of 15 (Page 8 of Total) advice, without concern that communication will be released in public to achieve a political goal. This political clash also implies the Supreme Court’s recognition of every president’s right to assert executive privilege.
If Trump does not get a residency, the 1/6 committee will get the documents
It’s easy to see Trump getting a temporary stay, based on his right to appeal, but if the appellate court does not intervene today, the 1/6 committee will have call logs and speech drafts in their hands tomorrow.
Judging by the amount of detail in the subpoenas they issue, it appears that the 1/6 committee has a pretty good idea of what was going on in the White House on and before the attack on the Capitol.
If the committee receives the documents, it will send a message to Trump and his allies, who are trying to stop and hinder the investigation, that the courts are not going to allow Trump to walk out the clock.
Mr. Easley is the managing editor. He is also a White House Press Pool and a congressional correspondent for PoliticusUSA. Jason holds a bachelor’s degree in political science. His graduate work focused on public policy, specializing in social reform movements.
Awards and professional membership
Member of the Professional Journalists Association and the American Political Science Association