SCOTUS Allows Jan 6th Probe All Access To Trump Files

Written By BlabberBuzz | Saturday, 22 January 2022 02:50 PM
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In a rebuff to former President Donald Trump, the Supreme Court allows the release of presidential documents desired by the congressional committee probing the January 6 Capitol attack.

Soon after the ruling on Wednesday evening, the January 6 Select Committee announced that they already began to get records previously "hidden" from them by Trump.

"The Supreme Court's action tonight is a victory for the rule of law & American democracy," the Committee announced in a tweet.

"The Select Committee has already begun to receive records that the former President had hoped to keep hidden & we look forward to additional productions regarding this important information," it went on.

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The Supreme Court justices on Wednesday denied a bid by Trump to withhold the documents from the congressional panel until the matter is ultimately resolved by the courts.

Trump's lawyers had wished to extend the court fight and keep the documents on hold.

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After the high court's action, there is no legal impediment to turning over the documents, which are held by the National Archives and Records Administration. They include presidential diaries, visitor logs, speech drafts, and handwritten notes dealing with January 6 from the files of former chief of staff Mark Meadows.

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The House Committee agreed to defer its effort to get some documents, at the request of the Biden White House. The current Administration was concerned that publishing all of the Trump Administration documents desired by the Committee could compromise national security and executive privilege.

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Alone among the justices, Clarence Thomas announced he would have granted Trump's request to maintain the documents on hold.

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Trump's attorneys had asked the high court to reverse rulings by the federal appeals court in Washington and block the release of the records even after President Joe Biden waived executive privilege over them.

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In an unsigned statement, the court conceded there are "serious and substantial concerns" over whether a former President can win a court order to prevent disclosure of certain records from his time in office in a situation like this one.

Though the court stressed that the appeals court determined that Trump's assertion of privilege over the documents would fail under any circumstances, "even if he were the incumbent."

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It announced that the issue of a former President's ability to claim executive privilege would have to wait for another day.

The court took issue with the conclusion of the appeals court that downplayed a former President's interests, suggesting that the current president could, in essence, overlook his predecessor's arguments.

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Justice Brett Kavanaugh, who worked in the White House under President George W. Bush, wrote separately to argue that "a former President must be able to successfully invoke the Presidential communications privilege for communications that occurred during his Presidency, even if the current President does not support the privilege claim."

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