Trump files lawsuit to keep Jan. 6 docs from Congress
WASHINGTON — Former President Donald Trump on Monday sought to block the release of documents related to the Jan. 6 Capitol insurrection to a congressional committee investigating the attack, challenging President Joe Biden’s initial decision to waive executive privilege.
In a federal lawsuit, Trump said the committee’s request was “almost limitless in scope,” and sought records with no reasonable connection to that day. He called it a “vexatious, illegal fishing expedition” that was “untethered from any legitimate legislative purpose,” according to the papers filed in federal court in the District of Columbia.
Trump’s lawsuit was expected, as he had said he would challenge the investigation and at least one ally has defied a subpoena. But the legal challenge went beyond the initial 125 pages of records that Biden recently cleared for release to the committee. The suit, which names the committee as well as the National Archives, seeks to invalidate the entirety of the congressional request, calling it overly broad, unduly burdensome and a challenge to separation of powers. It requests a court injunction to bar the archivist from producing the documents.
The Biden administration, in clearing the documents for release, said the violent siege of the Capitol was such an extraordinary circumstance that it merited waiving the privilege that usually protects White House communications.
Lawmakers want the documents as part of their investigation into how a mob of Trump supporters stormed the Capitol building on Jan. 6 in a violent effort to halt the certification of Biden’s election win. The committee demanded a broad range of executive branch papers related to intelligence gathered before the attack, security preparations during and before the siege, the pro-Trump rallies held that day and Trump’s claims he won the election, among other matters.
Trump’s lawsuit says the “boundless requests included over fifty individual requests for documents and information, and mentioned more than thirty individuals, including those working inside and outside government.”
The files must be withheld, the lawsuit says, because they could include “conversations with [or about] foreign leaders, attorney work product, the most sensitive of national security secrets, along with any and all privileged communications among a pool of potentially hundreds of people.”
The suit also challenges the legality of the Presidential Records Act, arguing that allowing an incumbent president to waive executive privilege of a predecessor just months after they left office is inherently unconstitutional. Biden has said he would go through each request separately to determine whether that privilege should be waived.