JAN 6 COMMITTEE FINAL PUBLIC HEARING MONDAY 12/19- They're making a list & Liz is checking it twice, criminal referrals on the way, MERRY XMAS BITCHES

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John Eastman, Trump Lawyer Behind Pence Memo, Faces 1/6 Subpoena

The House select committee investigating the January 6 insurrection at the U.S. Capitol is expected to subpoena John Eastman, the attorney who crafted a memo outlining strategies about how to prevent President Joe Biden's election win from being certified.

Rep. Bennie Thompson, the panel's chairman, told The Washington Post on Tuesday that "it will happen," but did not provide a timeline for when the subpoena would be issued.

A House aide told Politico that the panel was preparing to seek testimony from Eastman, but stressed that he could avoid a subpoena if he cooperated with the committee's investigation voluntarily.

According to the Post, the committee has asked for documents and communications related to Eastman's legal advice and analysis on how former president Donald Trump could seek to overturn the election results and stay in office. Eastman confirmed to the newspaper on Tuesday night that he had been contacted by the committee, but did not comment on whether he would cooperate.

CONTINUED:

John Eastman, Trump Lawyer Behind Pence Memo, Faces 1/6 Subpoena (newsweek.com)
 

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New January 6 court filings reveal what Trump is trying to keep secret from Congress

(CNN)Specifics about former President Donald Trump's efforts to keep secret the support from his White House for overturning his loss of the 2020 election were revealed in late-night court filings that detail more than 700 pages of handwritten notes, draft documents and daily logs his top advisers kept related to January 6.
The National Archives outlined for the first time in a sworn declaration what Trump wants to keep secret.
And the US House has told a federal court that Trump has no right to keep confidential more than 700 documents from his presidency, citing a committee's need to reconstruct Trump's efforts to undermine the 2020 election and his actions on January 6.
The court filings are in response to a lawsuit Trump brought nearly two weeks ago in which he is attempting to block congressional investigators from accessing hundreds of pages of records they requested from the National Archives, which inherited Trump's presidential papers. The House presents itself as in agreement with the Biden administration, in an unusual show of inter-branch alignment, to oppose Trump.

The records Trump wants to keep secret include handwritten memos from his chief of staff about January 6, call logs of the then-President and former Vice President Mike Pence and White House visitor records, additional court records revealed early Saturday morning.
"In 2021, for the first time since the Civil War, the Nation did not experience a peaceful transfer of power," the House Committee wrote. "The Select Committee has reasonably concluded that it needs the documents of the then-President who helped foment the breakdown in the rule of law. ... It is difficult to imagine a more critical subject for Congressional investigation."

Trump's court case is a crucial and potentially historic legal fight over the authority of a former president to protect his term in office, the House's subpoena power and the reach of executive privilege.
The secret records
Trump is trying to keep secret from the House more than 700 pages from the files of his closest advisers up to and on January 6, according to a sworn declaration from the National Archives' B. John Laster, which the Biden administration submitted to the DC District Court on Saturday.
Those records include working papers from then-White House chief of Staff Mark Meadows, the press secretary and a White House lawyer who had notes and memos about Trump's efforts to undermine the election.
In the Meadows documents alone, there are three handwritten notes about the events of January 6 and two pages listing briefings and telephone calls about the Electoral College certification, the archivist said.
Laster's outline of the documents offers the first glimpse into the paperwork that would reveal goings-on inside the West Wing as Trump supporters gathered in Washington and then overran the US Capitol, disrupting the certification of the 2020 vote.
Trump is also seeking to keep secret 30 pages of his daily schedule, White House visitor logs and call records, Laster wrote. The call logs, schedules and switchboard checklists document "calls to the President and Vice President, all specifically for or encompassing January 6, 2021," Laster said.
Those types of records could answer some of the most closely guarded facts of what happened between Trump and other high-level officials, including those under siege on Capitol Hill on January 6.
The records Trump wants to keep secret also include draft speeches, a draft proclamation honoring two police officers who died in the siege and memos and other documents about supposed election fraud and efforts to overturn Trump's loss of the presidency.
Historic court fight
Some of the questions Trump has raised in his lawsuit have never before been decided by a court. If Trump convinces judges to put Archives' document productions on hold as the case makes its way through appeals, the delay tactic could cripple parts of the House panel's investigation.
Generally, the House has sought records held by the Archives that speak to plans to disrupt the electoral count in Congress, preparation for the pro-Trump rallies before and on January 6 and what Trump had learned about the soundness of voting after the election.
The ex-President now claims he should have the ability to assert executive privilege even when the current President will not, and that the House's requests for records from his presidency are illegitimate.
So far, the Biden White House has declined to keep information about the Trump White House leading up to January 6 private, citing the "extraordinary" Trump-led attempt to overturn the 2020 election and the ongoing bipartisan House investigation. And the Archives -- represented by Biden's Justice Department in court -- has sided with President Joe Biden's directions.
In its own court filing overnight, the National Archives backed the House's request for access, arguing that the attack on the Capitol is worthy of waiving executive privilege.
"President Biden's sober determination that the public interest requires disclosure is manifestly reasonable, and his to make," lawyers for the Biden administration wrote in court.
The Archives has said it plans to begin releasing disputed Trump-era records to the House beginning November 12, unless a court intervenes.
Judge Tanya Chutkan of the US District Court in DC will hold a key hearing on Trump's lawsuit on Thursday.
Former members and scholars take Congress' side
In recent days, the fight over the Trump-era National Archives documents has been heating up.
A bipartisan group of 66 former members of Congress, including some Republicans who had served in leadership posts, told a federal court earlier this week they support the US House in the case.
Their position comes in a "friend of the court" brief this week that Chutkan could look to for legal guidance.
The former members say the need for Congress to understand the January 6 attack shouldn't be undermined by Trump, and they are urging Chutkan to reject his request for a court order that would stop the Archives from turning over documents.
"An armed attack on the United States Capitol that disrupted the peaceful transfer of presidential power -- and not the document requests necessary to investigate it -- is the only grave threat to the Constitution before the Court," the former members write.
A group of government transparency organizations, law professors and other experts are also supporting the House, and the Archives turning over the Trump records, according to court filings.
The case also could play into the possible criminal prosecution of Trump ally Steve Bannon, who has defied a subpoena from the House January 6 committee by pointing to Trump's challenge in court and the possibility the former President might try to claim communications with Bannon are protected. The House voted to hold him in contempt last week, and the Justice Department has said it is evaluating whether to prosecute him.


New January 6 court filings reveal what Trump is trying to keep secret from Congress - CNNPolitics
 

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New January 6 court filings reveal what Trump is trying to keep secret from Congress

(CNN)Specifics about former President Donald Trump's efforts to keep secret the support from his White House for overturning his loss of the 2020 election were revealed in late-night court filings that detail more than 700 pages of handwritten notes, draft documents and daily logs his top advisers kept related to January 6.
The National Archives outlined for the first time in a sworn declaration what Trump wants to keep secret.
And the US House has told a federal court that Trump has no right to keep confidential more than 700 documents from his presidency, citing a committee's need to reconstruct Trump's efforts to undermine the 2020 election and his actions on January 6.
The court filings are in response to a lawsuit Trump brought nearly two weeks ago in which he is attempting to block congressional investigators from accessing hundreds of pages of records they requested from the National Archives, which inherited Trump's presidential papers. The House presents itself as in agreement with the Biden administration, in an unusual show of inter-branch alignment, to oppose Trump.

The records Trump wants to keep secret include handwritten memos from his chief of staff about January 6, call logs of the then-President and former Vice President Mike Pence and White House visitor records, additional court records revealed early Saturday morning.
"In 2021, for the first time since the Civil War, the Nation did not experience a peaceful transfer of power," the House Committee wrote. "The Select Committee has reasonably concluded that it needs the documents of the then-President who helped foment the breakdown in the rule of law. ... It is difficult to imagine a more critical subject for Congressional investigation."

Trump's court case is a crucial and potentially historic legal fight over the authority of a former president to protect his term in office, the House's subpoena power and the reach of executive privilege.
The secret records
Trump is trying to keep secret from the House more than 700 pages from the files of his closest advisers up to and on January 6, according to a sworn declaration from the National Archives' B. John Laster, which the Biden administration submitted to the DC District Court on Saturday.
Those records include working papers from then-White House chief of Staff Mark Meadows, the press secretary and a White House lawyer who had notes and memos about Trump's efforts to undermine the election.
In the Meadows documents alone, there are three handwritten notes about the events of January 6 and two pages listing briefings and telephone calls about the Electoral College certification, the archivist said.
Laster's outline of the documents offers the first glimpse into the paperwork that would reveal goings-on inside the West Wing as Trump supporters gathered in Washington and then overran the US Capitol, disrupting the certification of the 2020 vote.
Trump is also seeking to keep secret 30 pages of his daily schedule, White House visitor logs and call records, Laster wrote. The call logs, schedules and switchboard checklists document "calls to the President and Vice President, all specifically for or encompassing January 6, 2021," Laster said.
Those types of records could answer some of the most closely guarded facts of what happened between Trump and other high-level officials, including those under siege on Capitol Hill on January 6.
The records Trump wants to keep secret also include draft speeches, a draft proclamation honoring two police officers who died in the siege and memos and other documents about supposed election fraud and efforts to overturn Trump's loss of the presidency.
Historic court fight
Some of the questions Trump has raised in his lawsuit have never before been decided by a court. If Trump convinces judges to put Archives' document productions on hold as the case makes its way through appeals, the delay tactic could cripple parts of the House panel's investigation.
Generally, the House has sought records held by the Archives that speak to plans to disrupt the electoral count in Congress, preparation for the pro-Trump rallies before and on January 6 and what Trump had learned about the soundness of voting after the election.
The ex-President now claims he should have the ability to assert executive privilege even when the current President will not, and that the House's requests for records from his presidency are illegitimate.
So far, the Biden White House has declined to keep information about the Trump White House leading up to January 6 private, citing the "extraordinary" Trump-led attempt to overturn the 2020 election and the ongoing bipartisan House investigation. And the Archives -- represented by Biden's Justice Department in court -- has sided with President Joe Biden's directions.
In its own court filing overnight, the National Archives backed the House's request for access, arguing that the attack on the Capitol is worthy of waiving executive privilege.
"President Biden's sober determination that the public interest requires disclosure is manifestly reasonable, and his to make," lawyers for the Biden administration wrote in court.
The Archives has said it plans to begin releasing disputed Trump-era records to the House beginning November 12, unless a court intervenes.
Judge Tanya Chutkan of the US District Court in DC will hold a key hearing on Trump's lawsuit on Thursday.
Former members and scholars take Congress' side
In recent days, the fight over the Trump-era National Archives documents has been heating up.
A bipartisan group of 66 former members of Congress, including some Republicans who had served in leadership posts, told a federal court earlier this week they support the US House in the case.
Their position comes in a "friend of the court" brief this week that Chutkan could look to for legal guidance.
The former members say the need for Congress to understand the January 6 attack shouldn't be undermined by Trump, and they are urging Chutkan to reject his request for a court order that would stop the Archives from turning over documents.
"An armed attack on the United States Capitol that disrupted the peaceful transfer of presidential power -- and not the document requests necessary to investigate it -- is the only grave threat to the Constitution before the Court," the former members write.
A group of government transparency organizations, law professors and other experts are also supporting the House, and the Archives turning over the Trump records, according to court filings.
The case also could play into the possible criminal prosecution of Trump ally Steve Bannon, who has defied a subpoena from the House January 6 committee by pointing to Trump's challenge in court and the possibility the former President might try to claim communications with Bannon are protected. The House voted to hold him in contempt last week, and the Justice Department has said it is evaluating whether to prosecute him.


New January 6 court filings reveal what Trump is trying to keep secret from Congress - CNNPolitics

The Democrats are right at his door
 

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Judge Seems Skeptical of Trump Request to Block House Committee From Jan. 6 Documents
Trump sued to block records from his presidency from being turned over to Congress

A federal judge appeared unwilling Thursday to block the release of scores of White House documents from the National Archives sought by the House committee investigating the Jan. 6 attack on the U.S. Capitol.

Former President Donald Trump sued the committee and the National Archives, seeking to stop the process of handing over documents. Every former president's records are maintained by the Archives.

He is seeking to prevent the first set of disputed documents from being turned over by a Nov. 12 deadline.

Trump's lawyers said the request for a wide range of documents is invalid because the committee doesn’t have unlimited power of investigation and can only seek material directly related to writing legislation.

Judge Seems Skeptical of Trump Request to Block House Committee From Jan. 6 Documents – NBC4 Washington (nbcwashington.com)
 

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Capitol Riot Probe Panel Set to Issue Up to 20 New Subpoenas

  • Panel Chair signed subpoenas Thursday, won’t identify targets
  • Panel conducting closed-door depositions, Thompson says

The House committee investigating the Jan. 6 insurrection at the U.S. Capitol is set to serve as many as 20 new subpoenas to individuals seeking testimony and documents, some as early as this week, the panel’s chairman said.

“I signed the subpoenas,” Representative Bennie Thompson, a Mississippi Democrat, said Thursday. He declined to identify who was being targeted.

The committee has already subpoenaed some former aides and advisers to former President Donald Trump as part of its investigation into the siege of the Capitol as Congress was certifying the Electoral College results from the 2020 presidential election. Trump has instructed his former aides to not cooperate with the panel and has sued to block release of White House records in response to the committee’s requests.

Thompson said that former Trump political strategist Steve Bannon is the only person subpoenaed by the committee who has flat-out refused to comply with a subpoena for a deposition.

“There are some who have been subpoenaed who are negotiating their schedule with their lawyer, and some there is a back and forth -- nobody has just outright rejected the subpoena process like Bannon,” Thompson said.

He said former Trump White House Chief of Staff Mark Meadows is among those who continue to be engaged with the committee.

Thompson has previously said that the committee would subpoena John Eastman, a lawyer who worked with Trump’s legal team and drafted a strategy to overturn the results of the 2020 election. When pressed, he would not say whether a subpoena for Eastman was in the latest batch.

Earlier: Trump Suit to Keep Riot Files Secret Draws Skepticism From Judge

Eastman’s name already has been mentioned as part of the contempt of Congress case the committee lodged against Bannon. Committee investigators have listed Eastman with Bannon as among other prominent supporters of efforts to undermine the election results who gathered at the Willard Hotel, two blocks from the White House, on the days surrounding the Jan. 6 attack.

As the committee and its staff continues behind closed doors to conduct interviews, depositions and do other work, Thompson said there are no plans to hold another public hearing any time before the Thanksgiving holiday at the end of the month.

House Vote on "Build Back Better" Delayed; Pelosi Pushes for Infrastructure Vote - Bloomberg
 

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January 6 committee issues 6 subpoenas to top Trump campaign associates, including Michael Flynn and John Eastman


(CNN)The House select committee investigating the deadly January 6 riot on Capitol Hill announced Monday it is issuing six additional subpoenas to top Trump campaign associates as it continues to seek testimony and documents from key witnesses in the sweeping probe.
With this round of subpoenas, the committee is targeting top individuals from former President Trump's reelection campaign who the panel says were involved in promoting the lie that the presidential election was stolen.
The six subpoenas are going to:
  • Trump 2020 campaign manager William Stepien
  • Former senior adviser to the campaign Jason Miller
  • John Eastman, an attorney who helped craft Trump's argument that the election was stolen
  • Michael Flynn, who was involved in meeting about how the Trump campaign wanted to promote the lie that the election was stolen
  • Angela McCallum, national executive assistant to former President Trump's 2020 reelection campaign
  • Bernard Kerik, who participated in a meeting at the Willard Hotel centered around overturing election results.

All six individuals are being asked to supply the committee with documents on November 23, with depositions scheduled spanning the last week of November into mid December.
"In the days before the January 6th attack, the former President's closest allies and advisors drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes," Select Committee chairman Rep. Bennie Thompson said in a statement. "The Select Committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot, and who paid for it all."
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Thompson added: "The Select Committee expects all witnesses to cooperate with our investigation as we work to get answers for the American people, recommend changes to our laws that will strengthen our democracy, and help ensure nothing like January 6th ever happens again."
This is the first round of subpoenas issued by the committee since the House asked the Department of Justice to pursue criminal contempt charges against Trump ally Steve Bannon for defying his congressional order to appear and provide testimony.
The Justice Department has not yet indicated whether prosecutors will pursue an indictment against Bannon.
On Friday, former DOJ official Jeffrey Clark stonewalled the committee, appearing before the panel pursuant to a subpoena but declining to answer questions posed to him, sources familiar with the matter told CNN.
The committee writes in their subpoena letter to Stepien that his role as Trump's former campaign manager makes him a key player to understanding the Trump campaign's efforts to overturn the 2020 presidential election and promote the "Stop the Steal" narrative that rioters who stormed the US Capitol on January 6 echoed.
The committee cites an anonymous interview of a witness with personal knowledge to help back up its claim that Stepien was deeply involved in the messaging behind the campaign's "Stop the Steal" effort. The committee, in its subpoena letter to him, also cites an internal campaign memo from shortly after the election that demonstrated the Trump campaign knew that the claims about the voting machine company, Dominion Voting Systems, were baseless.
Kerik previously confirmed to CNN that he paid for rooms and suites in Washington, DC, hotels that "served as election-related command centers," according to the committee. He also worked with Trump's former attorney Rudy Giuliani "to investigate allegations of voter fraud and promote baseless litigation and 'Stop the Steal' efforts," the committee noted Monday.
In February, Make America Great Again PAC, the successor organization to the Trump presidential campaign, made two large disbursements for "recount travel expenses," according to a filing to the Federal Election Commission. The PAC paid Kerik's company and Giuliani's company $66,251.54 and $76,566.95, respectively.
CNN previously reported that Eastman wrote an email that blamed Pence for causing the violence at the US Capitol on January 6 with his refusal to block Congress' certification of the 2020 election results -- as the riot was occurring and the then-vice president hid from the mob who had breached the building.
Rep. Jamie Raskin, a Democrat from Maryland and member of the committee, previously told CNN the panel is interested in learning more about Eastman's role in attempting to overturn the election results.
"We need to determine to what extent there was an organized effort against Vice President Pence and we believe that, you know, some of the actors' names have become known, including John Eastman, who laid it out in a memo," Raskin said last month.
To McCallum, the committee writes that its investigation and public accounts have led the panel to believe that her role as National Executive Assistant to Trump's reelection campaign made her aware of and involved in the campaign's efforts to spread false information about voter fraud in the presidential election.
The committee cites a "publicly available" voicemail recording in its possession that McCallum left for an unknown Michigan state representative asking whether the Trump campaign could "count on" that representative, while also telling the legislator that they had the ability to appoint an alternate slate of electors, even though the Michigan state Legislature never took that action.
The committee is interested in Flynn, who served as Trump's first national security adviser and has remained a staunch ally of the former President since being fired in 2017, because he reportedly attended a December 2020 Oval Office meeting "during which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers, and continuing to spread the false message that the November 2020 election had been tainted by widespread fraud."

CONTINUED:
January 6 committee issues 6 subpoenas to top Trump campaign associates - CNNPolitics
 

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January 6 committee issues 10 more subpoenas, including to Stephen Miller and Kayleigh McEnany

171109160353-01-stephen-miller-file-super-169.jpg
Senior adviser to then-President Donald Trump Stephen Miller watches as then- Attorney General Jeff Sessions delivers remarks during the daily White House press briefing in March 2017 in Washington, DC.

(CNN)
The House committee investigating the deadly January 6 riot at the US Capitol announced on Tuesday a new batch of 10 subpoenas to former White House officials under President Donald Trump, as the panel charges ahead in seeking testimony and documents from witnesses relevant to its probe.
The subpoenas follow six others that were announced Monday. Tuesday's recipients are being asked to turn over documents to the committee on November 23, and depositions are scheduled throughout December. They are:
  • Nicholas Luna, former President Donald Trump's personal assistant
  • Molly Michael, Trump's special assistant to the President and Oval Office operations coordinator
  • Ben Williamson, Trump's deputy assistant to the President and senior adviser to then-chief of staff Mark Meadows
  • Christopher Liddell, former Trump White House deputy chief of staff
  • John McEntee, Trump's White House personnel director
  • Keith Kellogg, national security adviser to then-Vice President Mike Pence
  • Kayleigh McEnany, former White House press secretary under Trump
  • Stephen Miller, Trump senior adviser
  • Cassidy Hutchinson, special assistant to the President for legislative affairs
  • Kenneth Klukowski, former senior counsel to Assistant Attorney General Jeffrey Clark.
These new subpoenas build on efforts by the committee to reach more senior leadership within the Trump White House and target some former rank-and-file White House officials who had close relationships with Trump.

The chairman of the select committee, Democratic Rep. Bennie Thompson of Mississippi said his panel "wants to learn every detail of what went on in the White House on January 6th and in the days beforehand. "
"We need to know precisely what role the former President and his aides played in efforts to stop the counting of the electoral votes and if they were in touch with anyone outside the White House attempting to overturn the outcome of the election," Thompson said in a statement issued Tuesday.

The committee is pushing ahead with issuing subpoenas even though the Justice Department has not yet indicated whether prosecutors will pursue criminal contempt charges against Trump ally Steve Bannon for defying his congressional order to appear and provide testimony.
Stephen Miller
The committee notes in its letter to Miller that he, by his own account, "participated in efforts to spread false information about alleged voter fraud in the November 2020 election, as well as efforts to encourage state legislatures to alter the outcome of the November 2020 election by appointing alternate slates of electors."
Miller and his team also helped prepare for Trump's remarks at the Ellipse on January 6 prior to the riot, was at the White House that day, and was with the former President when he spoke at the "Stop the Steal" rally, the committee added.
Kayleigh McEnany
The committee's subpoena of McEnany shows a specific interest in her public statements related to spreading misinformation about the 2020 election results. As press secretary, McEnany served in one of the most highly visible roles in the Trump administration. She spoke not only from the White House lectern, but also from the campaign headquarters as a spokesperson.
The committee specifically pointed to many of her public statements as contributing to the belief there was something wrong with the election.
McEnany "made multiple public statements from the White House and elsewhere about purported fraud in the November 2020 election. For example, in the first White House press conference after the election, Ms. McEnany claimed that there were 'very real claims' of fraud that the former President's reelection campaign was pursuing, and said that mail-in voting was something that 'we have identified as being particularly prone to fraud.' At another press conference, Ms. McEnany accused Democrats of 'welcoming fraud' and 'welcoming illegal voting,' " the panel said. In addition, McEnany was reportedly present at times with the former President as he watched the January 6 attack.




January 6 committee issues 10 more subpoenas including to Stephen Miller and Kayleigh McEnany - CNNPolitics
 

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Trump loses bid to keep Jan. 6 records from House committee investigating riot
The first batch of disputed documents is now set to be turned over to the House select committee by Friday.

WASHINGTON — A federal judge on Tuesday sided with the congressional committee investigating the Jan. 6 riot by refusing to block the release of scores of White House documents from the Trump administration.

The 39-page ruling from Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia means the first batch of disputed documents is set to be turned over to the House select committee by Friday.


"The court holds that the public interest lies in permitting...the combined will of the legislative and executive branches to study the events that led to and occurred on January 6, and to consider legislation to prevent such events from ever occurring again,” Chutkan wrote, calling the events of Jan. 6 an “unprecedented attempt to prevent the lawful transfer of power from one administration to the next.”

She added, “for the first time since the election of 1860, the transfer of executive power was distinctly not peaceful.”

Lawyers for former President Donald Trump have already said they intend to ask the U.S. Court of Appeals for the District of Columbia to keep the files private.

"The disagreement between an incumbent President and his predecessor from a rival political party highlights the importance of executive privilege," Trump lawyer Jesse Binnall said in a court filing on Monday.

Binnall said the case involves "the ability of presidents and their advisers to reliably make and receive full and frank advice, without concern that communications will be publicly released to meet a political objective."

Chutkan on Monday denied an emergency request by Trump to prevent the House committee from receiving the documents, calling the move "premature" because she hadn't yet issued a ruling in the case.
President Joe Biden has repeatedly said that executive privilege should not be invoked to block the Jan. 6 committee's document requests.

Trump previously sued the committee and the National Archives, which maintains White House records from past administrations, seeking to stop the process of handing over documents requested by the House panel. His lawyers said the request for a wide range of documents was invalid, arguing the committee does not have unlimited power of investigation and can only seek material directly related to drafting legislation.

A 1977 Supreme Court ruling in a dispute between former President Richard Nixon and the National Archives said former presidents retain some ability to assert executive privilege. But the justices at the time said the sitting president is best positioned to evaluate whether such claims should be honored.

In Tuesday's ruling, Chutkan wrote: "At bottom, this is a dispute between a former and incumbent President. And the Supreme Court has already made clear that in such circumstances, the incumbent’s view is accorded greater weight."

“Plaintiff does not acknowledge the deference owed to the incumbent President’s judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ‘exists in perpetuity,’" the judge went on to say. "But Presidents are not kings, and Plaintiff is not President. He retains the right to assert that his records are privileged, but the incumbent President ‘is not constitutionally obliged to honor’ that assertion.”

The House committee requested documents in March and August from the Archives that it said were related to the Trump administration's actions before, during and after the Jan. 6 attack on the Capitol. Trump later notified the Archives that he formally asserted executive privilege.

Biden, however, determined that the privilege should not apply in this instance. White House Counsel Dana Remus said the documents "shed light on events within the White House on and about January 6 and bear on the Select Committee's need to understand the facts underlying the most serious attack on the operations of the Federal government since the Civil War."


Trump loses bid to keep Jan. 6 records from House committee investigating riot (nbcnews.com)
 

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Trump loses bid to keep Jan. 6 records from House committee investigating riot
The first batch of disputed documents is now set to be turned over to the House select committee by Friday.

WASHINGTON — A federal judge on Tuesday sided with the congressional committee investigating the Jan. 6 riot by refusing to block the release of scores of White House documents from the Trump administration.

The 39-page ruling from Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia means the first batch of disputed documents is set to be turned over to the House select committee by Friday.


"The court holds that the public interest lies in permitting...the combined will of the legislative and executive branches to study the events that led to and occurred on January 6, and to consider legislation to prevent such events from ever occurring again,” Chutkan wrote, calling the events of Jan. 6 an “unprecedented attempt to prevent the lawful transfer of power from one administration to the next.”

She added, “for the first time since the election of 1860, the transfer of executive power was distinctly not peaceful.”

Lawyers for former President Donald Trump have already said they intend to ask the U.S. Court of Appeals for the District of Columbia to keep the files private.

"The disagreement between an incumbent President and his predecessor from a rival political party highlights the importance of executive privilege," Trump lawyer Jesse Binnall said in a court filing on Monday.

Binnall said the case involves "the ability of presidents and their advisers to reliably make and receive full and frank advice, without concern that communications will be publicly released to meet a political objective."

Chutkan on Monday denied an emergency request by Trump to prevent the House committee from receiving the documents, calling the move "premature" because she hadn't yet issued a ruling in the case.
President Joe Biden has repeatedly said that executive privilege should not be invoked to block the Jan. 6 committee's document requests.

Trump previously sued the committee and the National Archives, which maintains White House records from past administrations, seeking to stop the process of handing over documents requested by the House panel. His lawyers said the request for a wide range of documents was invalid, arguing the committee does not have unlimited power of investigation and can only seek material directly related to drafting legislation.

A 1977 Supreme Court ruling in a dispute between former President Richard Nixon and the National Archives said former presidents retain some ability to assert executive privilege. But the justices at the time said the sitting president is best positioned to evaluate whether such claims should be honored.

In Tuesday's ruling, Chutkan wrote: "At bottom, this is a dispute between a former and incumbent President. And the Supreme Court has already made clear that in such circumstances, the incumbent’s view is accorded greater weight."

“Plaintiff does not acknowledge the deference owed to the incumbent President’s judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ‘exists in perpetuity,’" the judge went on to say. "But Presidents are not kings, and Plaintiff is not President. He retains the right to assert that his records are privileged, but the incumbent President ‘is not constitutionally obliged to honor’ that assertion.”

The House committee requested documents in March and August from the Archives that it said were related to the Trump administration's actions before, during and after the Jan. 6 attack on the Capitol. Trump later notified the Archives that he formally asserted executive privilege.

Biden, however, determined that the privilege should not apply in this instance. White House Counsel Dana Remus said the documents "shed light on events within the White House on and about January 6 and bear on the Select Committee's need to understand the facts underlying the most serious attack on the operations of the Federal government since the Civil War."


Trump loses bid to keep Jan. 6 records from House committee investigating riot (nbcnews.com)
I knew this was going to be the outcome is no way in hell they going to keep the secret. Trump fuck with some powerful people in certain places and he’s going to feel the wrath very soon.
 

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I knew this was going to be the outcome is no way in hell they going to keep the secret. Trump fuck with some powerful people in certain places and he’s going to feel the wrath very soon.
He's going to ride it with appeals till the wheels fall off of it


.
 

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BGOL Investor
The government is going to bleed the pockets of those named in the inditement. Whether or not anything happens to them is another thing but mentally and publicly, they're fucked for now.
The White House Archives thing is really making a lot of Trump people nervous as hell right now…Trump was trying to tie this up in the courts but things started moving really fast so his clock is ticking for Friday release of the archives. And those archives are going to get Trump and a lot of other people in Congress in huge trouble. People he really did try to do a coup……And this country piss me off a lot of times as being a black man but and if Trump would have pulled this off it would have screwed everybody who is not white in this country.
 

easy_b

Easy_b is in the place to be.
BGOL Investor
Well he has till Friday morning that's when they turn over everything and the courts are closed Thursday so today they better be in full court press with appeals or his epic losing streak will continue.
Yep it looks like time has finally caught up with Trump let’s see what happens.
 

lightbright

Master Pussy Poster
BGOL Investor
Well he has till Friday morning that's when they turn over everything and the courts are closed Thursday so today they better be in full court press with appeals or his epic losing streak will continue.
Yep it looks like time has finally caught up with Trump let’s see what happens.
i know the feeling bruh ! we can only hope :roflmao:

:hmm:

Appeals court grants Trump delay in releasing records to Jan. 6 probe

KEY POINTS
  • A federal appeals court on Thursday granted former President Donald Trump’s request to temporarily halt the release of White House records to lawmakers investigating the deadly Capitol invasion.
  • The court order came one day before the National Archives was set to begin producing those records to the House select committee probing the Jan. 6 attack.
  • Trump had sued the committee in mid-October to block its pursuit of a tranche of records from Trump’s term in office, arguing that many of them are protected by executive privilege.
A federal appeals court on Thursday granted former President Donald Trump’s request to temporarily halt the release of White House records to lawmakers investigating the deadly Capitol invasion.

The court order came one day before the National Archives was set to begin producing those records to the House select committee probing the Jan. 6 attack. But that move is now on hold as the appeals court considers the case on an abbreviated schedule, with oral argument set for the morning of Nov. 30.




Trump had sued the committee in mid-October to block its pursuit of a tranche of records dating from his time in office. Trump’s lawyer, Jesse Binnall, argued that many of those records are protected by executive privilege, the doctrine that allows some executive branch communications to be kept confidential. But President Joe Biden refused to invoke privilege over the disputed documents.

Federal Judge Tanya Chutkan rejected Binnall’s argument on Tuesday night. In a 39-page opinion, Chutkan wrote that Trump’s view “appears to be premised on the notion that his executive power ‘exists in perpetuity.’ ... But president are not kings, and Plaintiff is not President.”

Chutkan agreed with the House committee that, in disputes about executive privilege, the current president’s stance matters more than that of his or her predecessor.

She also disagreed with Binnall’s argument that it was in the public interest to keep the records hidden. “The court holds that the public interest lies in permitting — not enjoining — the combined will of the legislative and executive branches to study the events that led to and occurred on January 6, and to consider legislation to prevent such events from ever occurring again,” Chutkan wrote.

Trump filed a notice of appeal to the U.S. Court of Appeals for the District of Columbia Circuit less than an hour later.




Binnall in an emergency request Thursday morning asked the appellate court to briefly pause the release of the contested records while it considers another injunction on a fast-track basis.

The House committee and the National Archives did not oppose the request, Binnall wrote.

On Thursday afternoon, the appellate court approved that request for an administrative injunction. The National Archives and U.S. Archivist David Ferriero are “enjoined from releasing the records requested by the House Select Committee over which appellant asserts executive privilege, pending further order of this court,” the court order said.

The appellate court also granted Binnall’s request to expedite its consideration of Trump’s bid to withhold the records from the House panel.


CONTINUED:
Appeals court grants Trump delay in releasing records to Jan. 6 probe (cnbc.com)
 
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