Court Filing Lists Documents Trump Seeks to Withhold From Jan. 6 Inquiry

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The National Archives says the erstwhile president is asserting enforcement privilege implicit telephone logs, notes and different records concerning the onslaught connected the Capitol.

Former President Donald J. Trump past  week successful  Manhattan. He wants hundreds of pages of documents withheld from a committee   investigating the Jan. 6 riot astatine  the Capitol.
Credit...Jeenah Moon/Reuters

Oct. 30, 2021, 5:02 a.m. ET

WASHINGTON — Former President Donald J. Trump is seeking to artifact from merchandise a wide scope of documents related to the Jan. 6 onslaught connected the Capitol, the National Archives said Saturday successful an early-morning national tribunal filing detailing what Mr. Trump is warring to support secret.

In the filing, successful the United States District Court for the District of Columbia, John Laster, the manager of the National Archives’ statesmanlike materials division, laid retired for the archetypal clip precisely which documents Mr. Trump was asserting executive privilege over. The erstwhile president is hoping to forestall the documents from being reviewed by the House committee empowered to investigate the mob unit astatine the Capitol.

According to the filing, Mr. Trump has asserted enforcement privilege specifically implicit 770 pages of documents, including 46 pages of records from the files of Mark Meadows, his erstwhile main of staff; Stephen Miller, his erstwhile elder adviser; and Patrick Philbin, his erstwhile lawman counsel. Mr. Trump is besides objecting to the merchandise of the White House Daily Diary — a grounds of the president’s movements, telephone calls, trips, briefings, meetings and activities — arsenic good arsenic logs showing telephone calls to the president and to Vice President Mike Pence concerning Jan. 6, Mr. Laster wrote.

Mr. Trump has besides asserted enforcement privilege implicit 656 pages that see projected talking points for Kayleigh McEnany, his erstwhile property secretary; a handwritten enactment concerning Jan. 6; a draught substance of a statesmanlike code for the “Save America” rally that preceded the mob attack; and a draught enforcement bid connected the taxable of predetermination integrity, the filing states.

Finally, Mr. Trump asserted enforcement privilege implicit 68 further pages, including a draught proclamation honoring the Capitol Police and 2 officers who died aft the riot, Brian D. Sicknick and Howard Liebengood, arsenic good arsenic related emails; a memo astir a imaginable suit against respective states that Joseph R. Biden Jr. won successful the November election; an email concatenation from a authorities authoritative regarding election-related issues; and talking points connected alleged predetermination irregularities successful 1 Michigan county.

The filing comes successful effect to a suit Mr. Trump filed this month against the National Archives seeking to artifact the disclosure of White House files related to his actions and communications surrounding the Jan. 6 riot.

In that lawsuit, successful a 26-page complaint, a lawyer for Mr. Trump argued that the materials indispensable stay concealed arsenic a substance of executive privilege. The lawyer said the Constitution gave the erstwhile president the close to request their confidentiality adjacent though helium was nary longer successful bureau — and adjacent though President Biden has refused to asseverate enforcement privilege implicit them.

The suit touched disconnected what is apt to beryllium a large ineligible conflict betwixt Mr. Trump and the House committee investigating the Jan. 6 attack, successful which a mob of his supporters stormed the Capitol seeking to disrupt Congress’s counting of electoral votes to formalize Mr. Biden’s victory. Its result volition transportation consequences for however overmuch the sheet tin uncover astir Mr. Trump’s relation successful the riot, airs thorny questions for the Biden medication and perchance forge caller precedents astir statesmanlike prerogatives and the separation of powers.

The leaders of the committee, Representative Bennie Thompson, Democrat of Mississippi, and Representative Liz Cheney, Republican of Wyoming, person condemned Mr. Trump’s suit arsenic “nothing much than an effort to hold and obstruct our probe.”

“It’s hard to ideate a much compelling nationalist involvement than trying to get answers astir an onslaught connected our ideology and an effort to overturn the results of an election,” Mr. Thompson, the committee’s chairman, and Ms. Cheney, the vice chairwoman, wrote successful a statement aft the suit’s filing.

Understand the Claim of Executive Privilege successful the Jan. 6. Inquiry


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A cardinal contented yet untested. Donald Trump’s powerfulness arsenic erstwhile president to support accusation from his White House concealed has go a cardinal contented successful the House’s probe of the Jan. 6 Capitol riot. Amid a new suit by Mr. Trump and a determination to clasp Stephen K. Bannon successful contempt of Congress, here’s a breakdown of enforcement privilege:

The committee has demanded elaborate records astir Mr. Trump’s each question and meeting connected the time of the assault. The panel’s demands, sent to the National Archives and Records Administration, see worldly astir immoderate plans formed wrong the White House oregon different national agencies to derail the Electoral College ballot number by Congress.

“Plaintiff’s claims of enforcement privilege neglect due to the fact that the privilege is not absolute, and present it is outweighed by Congress’s compelling request for accusation astir the bonzer onslaught that occurred connected the Capitol,” lawyers for the authorities wrote Saturday successful effect to Mr. Trump’s lawsuit. “The committee’s probe into the Jan. 6 onslaught plainly embodies a morganatic legislative purpose.”

In a pair of letters this period to the National Archives, which is the custodian of White House papers from Mr. Trump’s tenure, Mr. Biden’s apical White House lawyer, Dana Remus, made wide that the existent president did not deliberation a assertion of enforcement privilege was morganatic nether these circumstances.

Mr. Trump’s suit names arsenic defendants Mr. Thompson and David S. Ferriero, the caput of the National Archives.

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