The passage appears on page 11 of the complaint filed in federal court on Monday. The lawsuit, filed against the Democratic-led congressional committee and the National Archives itself, said Trump "files this action requesting that the Court invalidate the Committee's requests and enjoin the Archivist from turning over the records in question."
"Plaintiff Donald J. Trump is the 45th President of the United States. President Trump brings this suit solely in his official capacity as a former President under the PRA, associated regulations, the Executive Order, the Declaratory Judgment Act, and the Constitution of the United States," the lawsuit states.
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"As it relates to any materials being sought in situations like this, where fundamental privileges and constitutional issues are at stake and where a committee has declined to grant sufficient time to conduct a full review, there is a longstanding bipartisan tradition of protective assertions of executive privilege designed to ensure the ability to make a final assertion, if necessary, over some or all of the requested material," Trump's legal team contended. "The Biden Administration's waiver of executive privilege is a myopic, political maneuver designed to maintain the support of its political rivals and is not based on any discernible [sic] legal principle."
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The phrasing captured the attention of New York Times reporter Maggie Haberman, who has reported news of Trump for years.
"I don't know how serious this suit is. It is notable that the suit actually refers to him as 'former President' Trump, which is something they've stayed away from. But Trump is going to do everything he can to try to drag this out as long as possible," she said on CNN.
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The complaint, filed by Trump lawyer Jesse Binnall, who helped attorney Sidney Powell represent former Trump National Security Adviser Michael Flynn in his FBI perjury case, tries to hinder the publication of data to the Jan. 6 panel, challenging President Joe Biden's decision to waive executive privilege.
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In January, after the riot at the Capitol, Trump said in a video that a "new administration will be inaugurated on Jan. 20."
But Trump has repeatedly maintained he did not lose to Biden, who won 7 million more votes and 74 more electoral votes than his Republican challenger, with accusations of widespread fraud in the 2020 election. Moreover, election officials from the state to federal level, including those in Trump's own government, have said they didn't find proof to verify his claim of a stolen election.
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Still, that has not prevented Trump from telling his followers as recently as this month he "never conceded" and urging Republicans not to vote in the 2022 and 2024 elections "[i]f we don't solve the Presidential Election Fraud of 2020."
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