This article is more than 2 years old.
Updated Oct 18, 2021, 07:38pm EDT

Topline

Former U.S. President Donald Trump filed a lawsuit Monday against the U.S. House Select Committee investigating January 6, as well as the National Archives and Record Administration, in order to keep documents from his presidency classified under executive privilege.

Key Facts

Trump filed the lawsuit in the United States District Court for the District of Columbia, and also named Rep. Bennie Thompson (D-Miss), who is the Chairman of the United States House Select Committee, and U.S. Archivist David Ferriero in the suit.

Trump’s attorneys argue the committee’s request is overly broad and serves no “legitimate legislative purpose," according to CNN.

According to the lawsuit, the committee requested documents that include remarks Trump and other speakers made at the January 6 rally, Trump’s Twitter messages throughout the day, and documentation relating to communications made between Trump, former-Vice President Mike Pence and other top federal officials that day that the suit claims had “nothing to do” with the riot. 

The lawsuit claims that President Joe Biden should not have the ability to turn over Trump-era documents, and his decision not to assert executive privilege to protect the documents is a “political ploy.”

The lawsuit asks the court to “invalidate” the committee’s request for documentation and prevent the Archivist from turning them over, or at least postpone the exchange until Trump does a “full privilege review” of the records requested.

Forbes has reached out to Trump’s representatives for comment. 

Key Background

The U.S. House Select Committee investigating the January 6 attack on the U.S. Capitol has requested documents from the Trump administration surrounding the riot, including communications leading up to Jan. 6 and information on Trump’s unfounded claims that voter fraud occurred during the 2020 elections. It has subpoenaed former Trump aides including his former chief strategist Steve Bannon, chief of staff Mark Meadows, communications aide Dan Scavino and national security staffer Kashyap Patel, who each allegedly played a role in either encouraging the Jan. 6 incident or supporting Trump’s unsubstantiated voter fraud allegations. Trump’s attorneys argued in early October that executive privilege shields his former aides from disclosing any information surrounding January 6 and Trump-era documents. However, last week Biden refused to invoke “executive privilege” over the confidential documents saying it was “not warranted” for the first round of documents requested.

What To Watch Out For

The Department of Justice will vote on Tuesday on whether to hold Bannon in contempt for refusing the Select Committee’s subpoena for documents and testimony. Bannon’s attorney said in a letter to the committee sent in early October that Trump requested Bannon not comply with the investigation on grounds of violating executive privilege. Biden has gone on record to say he believes the Justice Department should prosecute anyone subpoenaed that refuses to turn over documents related to the Jan. 6 riots.

Further Reading

Biden Blocks Trump’s Request To Shield Some Documents From Jan. 6 Probe (Forbes)

Biden Thinks DOJ Should Prosecute People Who Refuse Jan. 6 Subpoenas (Forbes)

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