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No Privilege

This is good news. If there is evidence of what went on in the White House on January 6th, the country needs to see it:

The White House is leaning toward releasing information to Congress about what Donald Trump and his aides were doing during the Jan. 6 attack on the U.S. Capitol despite the former president’s objections — a decision that could have significant political and legal ramifications.

Trump has said he will cite “executive privilege” to block information requests from the House select committee investigating the events of that day, banking on a legal theory that has successfully allowed presidents and their aides to avoid or delay congressional scrutiny for decades, including during the Trump administration.

But President Biden’s White House plans to err on the side of disclosure given the gravity of the events of Jan. 6, according to two people familiar with discussions who, like others, spoke on the condition of anonymity to describe the private discussions.

In response to questions about White House deliberations over what information to release, Biden spokesman Michael J. Gwin said the president views the attack on the Capitol as “a dark stain on our country’s history” and is “deeply committed to ensuring that something like that can never happen again, and he supports a thorough investigation.”

Members of the investigative committee argue that Trump no longer enjoys the protection of executive privilege, encouraging the White House to push aside institutional concerns about sharing information with Congress and aid the panel in an investigation focused on what Democrats and a handful of Republicans have called an assault on democracy.

“It’s not really relevant because there’s no president involved — there’s no such thing as a former president’s executive privilege,” said Rep. Jamie B. Raskin (D-Md.), a committee member who teaches constitutional law. “That’s extremely dilute and not really relevant.”

What Trump was doing while the attack was occurring and who he was speaking with are among the big, unanswered questions concerning the assault on the Capitol.

[…]

“The highly partisan, Communist-style ‘select committee’ has put forth an outrageously broad records request that lacks both legal precedent and legislative merit,” Trump spokesman Taylor Budowich said in a statement. “Executive privilege will be defended, not just on behalf of President Trump and his administration, but also on behalf of the Office of the President of the United States and the future of our nation.”

In response to the House panel’s request, the National Archives has already identified hundreds of pages of documents from the Trump White House relevant to its inquiry. As required by statute, the material is being turned over to the Biden White House and to Trump’s lawyers for review.

The committee’s Aug. 25 letter to the National Archives was both sweeping and detailed, asking for “all documents and communications within the White House on January 6, 2021, relating in any way” to the events of that day. They include examining whether the White House or Trump allies worked to delay or halt the counting of electoral votes and whether there was discussion of impeding the peaceful transfer of power.

Well we know there was, don’t we? We’ve seen the memos. They had a full blown plot.

Trump will delay as long as he can so I’d guess the Supremes will have to decide if they are going to weigh in on how the other branches deal with one another. That would unusual. But with this court, who knows?

Update —The committee is in full effect:

The select panel investigating the Jan. 6 insurrection is issuing subpoenas to four current and former top aides to President Donald Trump, including his most recent chief of staff Mark Meadows.

The committee issued its first subpoenas on Thursday to Meadows; former Pentagon official and longtime House Intelligence Committee aide Kash Patel; former top White House adviser Steve Bannon; and longtime Trump social media chief Dan Scavino. It marks a turning point in the investigation as lawmakers begin homing in on Trump’s effort to overturn the 2020 election results.

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