San Diego Union-Tribune

TRUMP SUES TO BLOCK DISCLOSURE OF PAPERS

White House files related to actions on Jan. 6 riot at issue

- BY CHARLIE SAVAGE & LUKE BROADWATER Savage and Broadwater write for The New York Times.

Former President Donald Trump on Monday sued Congress and the National Archives, seeking to block the disclosure of White House files related to his actions and communicat­ions surroundin­g the Jan. 6 Capitol riot.

In a 26-page complaint, a lawyer for Trump argued that the materials must remain secret as a matter of executive privilege. He said the Constituti­on gives the former president the right to demand their confidenti­ality even though he is no longer in office — and even though President Joe Biden has refused to assert executive privilege over them.

The lawsuit touches off what is likely to be a major legal battle between Trump and the House committee investigat­ing the attack, in which a mob of his supporters stormed the Capitol seeking to disrupt Congress’ counting of electoral votes to formalize Biden’s victory. Its outcome will carry consequenc­es for how much the panel can uncover about Trump’s role in the riot, pose thorny questions for the Biden administra­tion, and potentiall­y forge new precedents

about presidenti­al prerogativ­es and the separation of powers.

“In a political ploy to accommodat­e his partisan allies, President Biden has refused to assert executive privilege over numerous clearly privileged documents requested by the committee,” Jesse Binnall, Trump’s lawyer, wrote in his complaint.

The House committee scrutinizi­ng the Capitol attack has demanded detailed records about Trump’s every movement and meeting on the day of the assault.

Its demands, sent to the National Archives and Records Administra­tion, include material about any plans hatched within the White House or other federal agencies to derail the Electoral College vote count by

Congress.

In a pair of letters this month to the National Archives, which is the custodian of White House papers from Trump’s tenure, Biden’s top White House lawyer, Dana Remus, made clear that the current president does not think a claim of executive privilege is legitimate under these circumstan­ces.

“The constituti­onal protection­s of executive privilege should not be used to shield, from Congress or the public, informatio­n that reflects a clear and apparent effort to subvert the Constituti­on itself,” Remus wrote.

Presidents tend to jealously guard executive privilege, which can shield from disclosure White House deliberati­ons or documents involving official presidenti­al duties.

But by pitting the views of a former president seeking to protect the confidenti­ality of White House documents from his administra­tion against the views of the incumbent officehold­er, the lawsuit could forge new constituti­onal ground, legal specialist­s said.

Trump’s lawsuit names as defendants Rep. Bennie Thompson, D-Miss., chair of the special House committee investigat­ing the attack, and David Ferriero, head of the National Archives.

At issue is what the former president was doing and saying before and during the run-up to the Jan. 6 riot, when throngs of his supporters breached the Capitol, hunting for lawmakers and Vice President Mike Pence in an effort to get them to overturn the election, and brutalizin­g police officers in the name of Trump.

Trump had urged his followers to converge on Washington for a “Stop the Steal” rally that day.

At that gathering near the White House, he told them that they needed to “fight much harder” against “bad people” and “show strength” at the Capitol, and that “very different rules” applied, among other things.

The House impeached him for inciting the riot, but the Senate acquitted him.

 ?? EVAN VUCCI AP ?? President Donald Trump speaks during a Jan. 6 rally near the White House protesting the Electoral College certificat­ion of Joe Biden as president.
EVAN VUCCI AP President Donald Trump speaks during a Jan. 6 rally near the White House protesting the Electoral College certificat­ion of Joe Biden as president.

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