Appeals court slows Jan. 6 committee effort to access Trump White House records

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The first batch of documents scheduled to be released on Friday was relatively small – Trump fought only 70 pages. But subsequent tranches identified by the Archives include hundreds of pages set to be released in Nov. 26. They are likely to be delayed as well. The records include call logs, visitor records and documents taken from the files of top Trump aides such as chief of staff Mark Meadows.

The committee has repeatedly stressed the urgency of accessing Trump’s records as it explores the former president’s efforts to reverse the results of the 2020 election, including the Jan. 6 attack on the Capitol that disrupted in counting electoral votes and sent lawmakers to flee in fear.

Despite claims of urgency, the House did not object to Trump’s request for an interim injunction as the appellate court considered the broader issues. The Department of Justice also did not take a temporary stay position.

The composition of the appellate court panel is likely to inspire Chamber investigators. The order released Thursday indicates that, in addition to Jackson, the panel will include Judges Patricia Millett and Robert Wilkins, who were appointed by former President Barack Obama to court.

The court order stressed that the move to freeze the status quo so far should not be seen as reflecting what will lead to the court’s ruling about Trump’s attempt to block the disclosure of files from his ex. White House.

“The purpose of this administrative injunction is to protect the court’s jurisdiction to meet the appellant’s claims of executive privilege and should not be treated in any way as a decision on the merits,” the order said.

Despite the slowdown, the case is still moving at a very fast pace through typically slow federal courts. Trump filed a lawsuit in mid-October to block the Jan. 6 committee’s access to his records. A District Court judge, Tanya Chutkan, rejected Trump’s effort on Tuesday, dismissing the notion that a former president could overturn the incumbent president in matters of executive privilege.

Trump quickly appealed the decision and asked the appellate court to postpone the impact of Chutkan’s decision until a fuller argument is heard. The appellate court’s decision to set a two-week briefing schedule keeps the case in rapid progress. Trump is due to file his written brief on the case on Tuesday, with a response from the National Archives and House in Nov. 22. Trump will have a further response in Nov. 26 before oral arguments next week.

If Trump loses on the three-judge panel, he has the option to appeal to the entire appellate court or to the Supreme Court.

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