Trump asked the Supreme Court to block White House records from the Jan. 6 committee

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Former President Donald Trump asked the Supreme Court on Thursday to block the National Archives from returning records from his time in the White House to the congressional committee investigating the Jan. 6 riot at the U.S. Capitol.

The lower court’s decisions ordering the National Archives to provide the material to Congress were wrong, his lawyers said in their appeal.

“The decisions below effectively cover the ability of former presidents to maintain executive privilege against the opposition of an incumbent, who is often, as is the case here, a political rival,” they said.

The House committee is asking for a heap of documents related to the events surrounding the riot, including records of communications between the White House and the Justice Department leading up to Jan. 6. Trump objected, insisted the privilege of the executive, but President Joe Biden refused to back up his stance. Instead, he ordered the National Archives to provide the material.

The U.S. Circuit Court of Appeals for the District of Columbia ruled this month that although Trump retains some limited authority to claim executive privilege, it is not strong enough to override Biden’s decision that Congress has legitimate demand for material.

The appellate court’s decision cited a 1977 Supreme Court decision in a dispute between former President Richard Nixon and the National Archives, which said the current president was in the best position to decide whether the privilege should be asserted.

Writing for the court of appeals, Judge Patricia Millett said the privilege for presidential communications is a qualified one that must give way when necessary to protect dominant interests.

“The president and the legislature branch have shown national interest and intense need for immediate disclosure of these documents,” he wrote.

The appeals court placed a 14-day restraining order on its decision to give Trump’s lawyers time to appeal. They asked the Supreme Court on Thursday to continue the hold while the magistrates will decide whether to answer his appeal.

Trump’s legal team said the lower courts were wrong when they saw the House select committee investigating the riot had a legitimate legal purpose in finding documents. Its real purpose is not just finding the truth, they say, but an attempt to find information that is embarrassing to the former president.

“Public comments by committee members make it clear that the body acts more like an inquisitorial tribunal than a legislative committee,” they said.

The lower courts moved quickly to hear Trump’s lawsuit, but his lawyers in the Supreme Court said there was no rush because the next congressional meeting to count electoral votes is more than three years away.

House committee members Jan. 6, however, stressed that they feel the need to speed up the completion of their work. If Democrats lose a majority after the midterm elections, the committee will lose business.

Late Thursday, the committee asked the Supreme Court to act quickly to decide whether to accept Trump’s appeal. The swift move “is guaranteed because of the undoubted importance and urgency of the select committee’s investigation,” its lawyers said.

“The delay will cause serious harm to the select committee and the public” because it needs the documents now “to help shape the direction of the investigation.”

The court will likely seek a response from the National Archives before it can decide whether to take the case. There is no deadline for the court to act.

Pete Williams is an NBC News correspondent covering the Justice Department and the Supreme Court, based in Washington.

Dareh Gregorian is a political reporter for NBC News.

Daniel Barnes reports for NBC News, which is based in Washington.

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