The DC Court of Appeals issued a blistering ruling today denying Trump’s claim that he has the ability to override the current president’s prerogative to release records from the executive branch with a bogus claim of executive privilege. They said no, in no uncertain terms.
Judge Patricia Millett, writing for the court, said Congress had “uniquely vital interests” in studying the events of Jan. 6 and said President Joe Biden had made a “carefully reasoned” determination that the documents were in the public interest and that executive privilege should not be invoked. Trump also failed to show any harm that would occur from the release of the sought-after records Millett wrote.
“On the record before us, former President Trump has provided no basis for this court to override President Biden’s judgment and the agreement and accommodations worked out between the Political Branches over these documents,” the opinion states.
It adds, “Both Branches agree that there is a unique legislative need for these documents and that they are directly relevant to the Committee’s inquiry into an attack on the Legislative Branch and its constitutional role in the peaceful transfer of power.
The appeals court ruled that the injunction that has prevented the National Archives from turning over the documents will expire in two weeks, or when the Supreme Court rules on an expected appeal from Trump, whichever is later.
Presumably the Supremes will take up the case (although they should just let this opinion stand) and who knows how long they will delay making a decision? I wouldn’t be surprised if they don’t bother issuing a ruling for months. We’ll see.
Meanwhile, from Liz Cheney earlier today, before the ruling:
Thread for those interested in the @January6thCmte‘s progress: The Committee has already met with nearly 300 witnesses; we hear from four more key figures in the investigation today. We are conducting multiple depositions and interviews every week.
We have received exceptionally interesting and important documents from a number of witnesses, including Mark Meadows. He has turned over many texts from his private cell phone from January 6th.
We have litigated and won Trump’s executive privilege case in Federal District Court. The Federal Appellate Court has expedited the appeal, and we anticipate a ruling regarding many more Trump White House documents soon.
The investigation is firing on all cylinders.
Do not be misled: President Trump is trying to hide what happened on January 6th and to delay and obstruct. We will not let that happen.
The truth will come out.
Originally tweeted by Rep. Liz Cheney (@RepLizCheney) on December 9, 2021.
The truth will come out, no doubt. The question is if anyone will care.