San Francisco Chronicle

Trump asks court to block records

- By Adam Liptak Adam Liptak is a New York Times writer.

WASHINGTON — Lawyers for former President Donald Trump on Thursday asked the Supreme Court to block the release of White House records concerning the Jan. 6 attack on the Capitol, arguing that he had a constituti­onal right to shield the materials from Congress even though President Biden declined to invoke executive privilege over them.

“The disagreeme­nt between an incumbent president and his predecesso­r from a rival political party is both novel and highlights the importance of executive privilege and the ability of presidents and their advisers to reliably make and receive full and frank advice, without concern that communicat­ions will be publicly released to meet a political objective,” Trump’s lawyers told the court.

The case raises novel constituti­onal questions about the separation of powers and the power of a president no longer in office. Trump’s lawyers asked the justices to block the release of the records while they decide whether to hear his appeal.

A special House committee investigat­ing the attacks sought the records from the National Archives, which gave both Biden and Trump the opportunit­y to object.

Trump asserted executive privilege, a docWASHING­TON trine meant to protect the confidenti­ality of presidenti­al communicat­ions, over some of the documents.

Biden took a different view in October in declining to assert executive privilege over some of the materials.

Trump sued to block release of the documents, saying that the House committee had no valid legislativ­e reason to seek them.

Judge Tanya S. Chutkan, of the U.S. District Court in Washington, ruled against Trump. A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia affirmed that ruling.

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