Trump Asks Supreme Court To Block Release Of His White House Records

By Bill Galluccio

December 23, 2021

Former President Trump Holds Rally In Perry, Georgia
Photo: Getty Images

Former President Donald Trump has asked the Supreme Court to block the release of his White House records to the House select committee investigating the January 6 riot at the U.S. Capitol.

The committee has requested over 700 pages of documents from the National Archives as part of their investigation into the riot. The records include memos, activity logs, schedules, speech notes, and other communications between Trump and high-ranking officials in his administration.

Trump has argued that the documents are protected by executive privilege and that only he can decide if they should be released. President Joe Biden denied the request for executive privilege and said the documents could be turned over to the committee.

Several lower courts rejected Trump's argument before he appealed to the Supreme Court.

"Absent judicial intervention, President Trump will suffer irreparable harm through the effective denial of a constitutional and statutory right to be fully heard on a serious disagreement between the former and incumbent President," wrote Trump's lawyer Jesse R. Binnall.

"President Trump is more than an ordinary citizen," the filing says. "He is one of only five living Americans who, as former Presidents, are granted special authority to make determinations regarding the disclosure of records and communications created during their terms of office."

The legal filing also accuses the committee of exceeding its constitutional mandate, claiming the investigation lacks a "legislative purpose."

"This sweeping request alone demands access to any number of records to which Congress is not — in any way — entitled," Binnall wrote.

"First, such records have nothing to do with the events of January 6. Second, these records are protected by executive and other privileges. And third, and most importantly, these requests exceed the scope of the requesting committee's authority because they lack any conceivable related legislative purpose."

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