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WASHINGTON >> A federal appeals court today temporarily blocked the release of White House records sought by the U.S. House committee investigating the Jan. 6 insurgency, granting-so far-a request from former President Donald Trump.
The administrative injunction issued by the U.S. Court of Appeals for the District of Columbia Circuit effectively prevents until the end of this month the release of records that will be returned on Friday. The appellate court set oral arguments in the case for Nov. 30.
The stay gives the court time to consider arguments in a very important clash between the former president, whose supporters stormed the Capitol on Jan. 6, and President Joe Biden and Congress, who pushed for a thorough investigation into the disturbance. This delays the House committee from reviewing records that lawmakers say could shed light on the events leading up to the insurrection and Trump’s efforts to delegitimize an election he lost.
The National Archives, which holds the documents, said they included call logs, handwritten notes, and a draft executive order on “election integrity.”
Biden waived executive privilege on the documents. Trump then went to court arguing that as a former president, he still had the right to exercise privilege on records and that releasing them would damage the presidency in the future.
U.S. District Judge Tanya Chutkan on Tuesday denied those arguments, citing partially, “Presidents are not kings, and Plaintiff is not President.” He again denied an emergency motion by Trump on Wednesday.
In their emergency appeal to the appellate court, Trump’s lawyers wrote that if there was no stay, Trump would “suffer irreparable harm by effectively denying a constitutional and statutory right to absolute hear of a serious disagreement between the former and incumbent President. “
The arguments in Nov. 30 will take place before three judges appointed by Democratic presidents: Patricia Millett and Robert Wilkins, appointed by former President Barack Obama, and Ketanji Brown Jackson, one appointed by Biden.
Given the size of the case, whichever side loses before the circuit court is likely to appeal to the U.S. Supreme Court.
The White House also notified an attorney for Mark Meadows, Trump’s former chief of staff, today that Biden would waive any executive privilege that would prevent Meadows from cooperating with the committee, according to a letter obtained by The Associated Press. The committee subpoenaed Meadows and more than two dozen other people as part of its investigation.
His attorney, George Terwilliger, issued a statement in response saying Meadows “remains under former President Trump’s instructions to respect long -standing principles of executive privilege.”
“It now appears that the courts need to resolve this conflict,” Terwilliger said.
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