Friday 10th December 2021
Court allows files to be handed over
Trump receives another setback
For the parliamentary processing of the storming of the Capitol, the investigative committee wants to get files that are currently under lock and key. Ex-President Trump wants it to stay that way. But now he also loses the second trial
Legal stage win for US President Joe Biden: A US federal appeals court has approved the surrender of the files for the storming of the Capitol in Washington. The court upheld the ruling by a lower instance that the documents from the National Archives could be turned over to a parliamentary committee of inquiry of the Congress. Former US President Donald Trump, whose supporters stormed the Capitol in January, sued against the release of the documents.
The ex-president had invoked the so-called executive privilege in his lawsuit against the surrender of the files. This allows a president to keep certain documents secret. A federal court rejected this argument in November. Trump’s executive powers are not valid for life, said the judge responsible.
The appeals court has now ruled that Biden’s decision to release the documents has more weight than Trump’s stance of refusal. “The right of a former president is certainly no more important than that of the incumbent,” argued the appeals court. “In this case, President Biden, as chief executive, has expressly stated that Congress has demonstrated an imperative for these very documents and that disclosure is in the best interests of the nation.”
“Trump will keep fighting”
However, the judgment does not result in the immediate release of the documents. The appeals court said Trump’s lawyers had two weeks to take the case to the Supreme Court. Trump’s lawyers are expected to request another postponement of the clearance there while the Supreme Court examines the case.
“Regardless of today’s appeal court decision, this case was always for the Supreme Court,” said Trump spokeswoman Liz Harrington. “President Trump’s duty to defend the constitution and the office of president continues, and he will continue to fight for every American and every future administration.”
However, the appeals court stated that Trump was not acting in the interests of the United States. Public interest in the records held by the National Archives is greater than Trump’s own. “This public interest is even greater when, as in this case, the legislature acts with urgency to prevent violent attacks on the federal government and disruptions to the peaceful transfer of power,” said the court.
Trump wants to block his advisors’ records
Radical Trump supporters stormed the Capitol on January 6th, when Biden’s victory in the November 3rd presidential election was to be certified there. Five people were killed in the attack. The investigative committee set up by the House of Representatives is supposed to clarify the exact background of the attack.
Documents Trump is trying to block include notes from his key advisors and memos to his former press secretary. Some former employees are still loyal to the ex-president: The former top strategist Steve Bannon refused to testify and was charged with disregarding parliament and subsequently arrested by the Justice Department. The committee is expected to next week as well Prosecuting former Chief of Staff Mark Meadows for failing to testify.
Meanwhile, the committee’s work continues: Vice-Chair Liz Cheney said Thursday that the committee has now heard almost 300 witnesses. On Thursday, former Trump confidante and Pentagon official Kash Patel and Ali Alexander, who helped organize the pro-Trump rally at the White House before the Capitol attack, testified.