A federal judge rejected former President Donald Trump’s request to block the release of documents to the House committee investigating the Jan. 6 Capitol riot.
In denying a preliminary injunction, U.S. District Judge Tanya Chutkan said Tuesday that Congress had a strong public interest in obtaining records that could shed light on a violent insurrection mounted by the former president’s supporters. She added that President Joe Biden had the authority to waive executive privilege over the documents despite Trump’s assertions otherwise.
Barring a court order, the National Archives plans to turn over Trump’s records to the committee by Friday. But Trump’s lawyers swiftly promised an appeal to the U.S. Court of Appeals for the District of Columbia Circuit. The case probably will eventually head to the U.S. Supreme Court. Chutkan late Wednesday denied another request from Trump’s attorneys to order the National Archives not to turn over records while an appeal is pending.
“At bottom, this is a dispute between a former and incumbent President,” Chutkan said in her Tuesday order. “And the Supreme Court has already made clear that in such circumstances, the incumbent’s view is accorded greater weight.”
Get a weekly recap of the latest San Francisco Bay Area housing news. Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
Trump “does not acknowledge the deference owed” to Biden’s judgment as the current president, Chutkan said. She noted examples of past presidents declining to assert executive privilege and rejected what she said was Trump’s claim that executive privilege “exists in perpetuity.”
“Presidents are not kings, and Plaintiff is not President,” she said.
U.S. & World
According to an earlier court filing from the archives, the records include call logs, drafts of remarks and speeches and handwritten notes from Trump’s then-chief of staff, Mark Meadows. There are also copies of talking points from then-press secretary Kayleigh McEnany and “a draft Executive Order on the topic of election integrity,” the National Archives has said.
Rep. Bennie Thompson, D-Miss., who leads the House committee, said in a statement after the ruling that the records are crucial for understanding the attack and “in my view, there couldn’t be a more compelling public interest than getting answers about an attack on our democracy.”
On CNN, Thompson said Trump should stop behaving like a “spoiled brat.”
The nine-member committee is investigating not just Trump’s conduct on Jan. 6 — when he told a rally to “fight like hell” shortly before rioters overran law enforcement — but his efforts in the months before the riot to challenge election results or obstruct a peaceful transfer of power. The committee has interviewed more than 150 witnesses and issued more than 30 subpoenas, including ones announced Tuesday to McEnany and former top White House adviser Stephen Miller. It is unclear whether the lawmakers will eventually seek to have Trump testify.
Trump has attacked the committee’s work and continued to promote unfounded conspiracy theories about widespread fraud in the election, despite the fact that Biden’s victory was certified by all 50 states and his claims have been rebuked by courts across the country.
In suing to block the National Archives from turning over documents, Trump called the House committee's request a “vexatious, illegal fishing expedition” that was “untethered from any legitimate legislative purpose.” Allowing the House to get access to his records would also damage executive privilege for future presidents, Trump’s lawyers argued.
But Chutkan said the “the public interest lies in permitting — not enjoining — the combined will of the legislative and executive branches to study the events that led to and occurred on January 6, and to consider legislation to prevent such events from ever occurring again.”
Trump spokesperson Taylor Budowich tweeted late Tuesday that the case “was destined to be decided by the Appellate Courts.” He added that “Trump remains committed to defending the Constitution & the Office of the Presidency, & will be seeing this process through.”
The White House said Chutkan's opinion “is consistent with what the President has already said” about the riot. “It is absolutely vital for there to be a full accounting of the events on that day to ensure that something like that never happens again,” spokesman Mike Gwin said.
Associated Press writers Zeke Miller and Mary Clare Jalonick contributed to this report.
