A federal appeals court on Thursday stepped into a fight between former President Donald Trump and the Democrat-led House committee investigating the Capitol riot — pausing a lower judge’s order that documents from Trump’s time as president be handed over to investigators.
A DC Circuit appeals court panel scheduled Nov. 30 oral arguments in the case, which was sparked by President Biden’s decision to reject Trump’s assertion of executive privilege over a cache of records held by the National Archives.
Appeals Judges Patricia Millett, Robert Wilkins and Ketanji Brown Jackson — each appointed by Biden or his former boss, President Barack Obama — will hear Trump’s arguments over records that the committee claims may be relevant to understand a wild mob’s storming of the Capitol on Jan. 6.
The case could end up before the US Supreme Court, which has issued few relevant rulings to guide lower courts.
Insurrectionists loyal to then President Trump stand outside the US Capitol in Washington on Jan. 6, 2021. AP Photo/Jose Luis Magana, FileTrump argues that the committee’s request is part of an effort to harm him politically. Each member of the committee, including the two Republican members, Reps. Liz Cheney (R-Wyo.) and Adam Kinzinger (R-Ill.) voted to impeach him for allegedly inciting the riot.
Trump filed a lawsuit last month to halt the release of the documents.
He wrote in an October letter to the National Archives that an initial tranche of records sought by the committee “potentially numbering in the millions” can’t be released because of legal protections “including but not limited to the presidential communications, deliberative process, and attorney-client privileges.”
Former President Trump spoke to a group outside the White House before people stormed the Capitol. Julio Cortez, File/APBut Biden turned down Trump’s assertion of privilege — a rare move by a current president.
White House Press Secretary Jen Psaki said last month that “[Biden] has determined that an assertion of executive privilege is not warranted for the first set of documents from the Trump White House that have been provided to us by the National Archives.”
District court Judge Tanya Chutkan on Tuesday ordered the Archives to hand over the records, including phone logs, speech drafts and other written evidence, writing, “Presidents are not kings, and Plaintiff is not President.”
Trump spoke to a large crowd near the White House and claimed that the election was “stolen” shortly before some of his supporters breached the Capitol and searched for Vice President Mike Pence, whom they hoped would reject electors for Biden from key swing states.
Appeals Judges Patricia Millett, Robert Wilkins and Ketanji Brown Jackson will be hearing the arguments from Trump’s side. Shafkat Anowar/APTrump was booted from his preferred social media platform Twitter after issuing a message that appeared to glorify the rampage, but according to a recent Reuters report, the FBI has found no evidence that the riot was an organized coup attempt.
An analysis of video by the Wall Street Journal found that members of the Proud Boys group were key players in initiating clashes with police, including helping collapse an outer perimeter while Trump was still speaking.
Trump supporter Ashli Babbitt was fatally shot during the mayhem and three other Trump supporters died of medical emergencies. US Capitol Police officer Brian Sicknick died of a stroke after battling the rioters and several police officers and at least one accused rioter later committed suicide.
In a lengthy analysis for the legal blog Lawfare, former Justice Department attorney Jonathan Shaub wrote this year that the rights of ex-presidents over documents are uncertain. He wrote about the murky legal terrain in the context of Trump’s impeachment trial.
In October, Trump sued to block the release of records in regard to Jan. 6, 2021. Jose Luis Magana, File/AP“If Trump attempts to assert executive privilege in the coming impeachment trial and Biden refuses to back it, it would be the first time, to my knowledge, that a former president has attempted to assert executive privilege against Congress contrary to the wishes of the current president,” he wrote. “Nothing in [court precedent from the case Nixon v. Administrator of General Services] or any other judicial decision compels a particular result when such a clash exists. Nor are there relevant congressional precedents.”
The court fight unfolds as Republicans campaign to flip control of the House in next year’s midterm elections. Democrats hold a narrow majority and a president’s party typically loses seats in midterms. If Republicans retake the House, they’re expected to disband the riot committee upon taking office in January 2023.






