(A previous version of this story had the wrong document number and referred to an earlier document submitted in this case. This story has been corrected to reflect statements from Document #21, which was filed by the Department of Justice on October 30th.)
We’re all frustrated with the slow pace of the January 6th investigation. We’re down to just a year before the next election and it feels like things are dragging on endlessly and Democrats just don’t have any sense of urgency to get things taken care of in the little bit of time that’s left. Fortunately, there is hope, A new filing in the case that the forrmer guy filed to try to block sharing of White House records shows a Congress that is ready to come out swinging. Here are several highlights from the filing.
(Legal citations have been omitted to make for easier reading, though the full citations from the conclusion of the document may be found at the link above, from 35 on)
“President Biden’s decision in this extraordinary case does not diminish the well-established importance of protecting presidential communications, see United States v. Nixon, supra, nor diminish the force of constitutionally-based privileges in the ordinary case.”
“Plaintiff claims that failing to assert executive privilege “is attempting to damage Democracy itself.”…But it was the actual attack on democracy that occurred on January 6, the potential involvement of high-ranking federal officials in activities related to that event, and the public’s interest in preventing such an attack in the future, that prompted President Biden to provide even privileged information to Congress in aid of its inquiry. The incumbent President has determined that the need for Congress to develop a complete understanding of what happened on January 6 outweighs the interest in confidentiality that might ordinarily attach to documents containing presidential communications.”
“[E]xecutive privilege principally exists to protect Executive Branch interests, and the incumbent President is charged with protecting those interests…And President Biden’s determination not to uphold privilege here was supported by an extraordinarily compelling rationale—i.e., the “unique and extraordinary circumstances” surrounding the January 6 attack on the U.S. Capitol.”
“Plaintiff’s claim is also unsustainable because it is based on a misunderstanding of the [Presidential Records Act]. The PRA does not create or expand executive privilege authority; rather, executive privilege arises from the Constitution, Nixon v. GSA, 433 U.S. at 447, and the Constitution assigns greater weight to the incumbent’s privilege determination because the incumbent is “in the best position to assess the present and future needs of the Executive branch.”
“Plaintiff Meets None of the Equitable Requirements for Preliminary Injunctive Relief. In addition to the fact that former President Trump’s claims exhibit no likelihood of success, his request for preliminary relief halting all compliance with the Select Committee’s request must be denied, as he has satisfied none of the equitable pre-requisites for such sweeping relief.”
“Plaintiff’s request for preliminary relief must also be denied because he has not shown that the balance of equities tips in his favor, or that injunctive relief would serve the public interest. It should require no further explanation that discovering and coming to terms with the causes underlying the January 6 attack is a matter of unsurpassed public importance.”