The Congressional Committee investigating Donald Trump’s attempted coup on January 6th of 2021 has released their first round of subpeonas, and the Biden Administration replied to the news by announcing that they would be releasing all they can about the events of that day. Former President Donald Trump responded by saying that he would claim Executive Privilege to prevent the release of any materials to the public. There are several flaws with Trump’s legal strategy. The Supreme Court ruled that in United States v. Nixon that when there is probable cause to believe that a crime has been committed and that a President may have violated his oath of office, that Executive Privilege and Presidential Immunity are not absolute. The court further elaborated in Clinton v. Jones that Presidential immunity from prosecution does not apply to unofficial acts unrelated to one’s office.

Because there is abundant probable cause to support claims that Trump was attempting to usurp traditional Constitutional order for the purpose of holding on to Presidential power, an act which would constitute a gross violation of his Oath of Office and therefore constitute an “unofficial act”, there is no basis for claiming any privilege or immunity tied to the office of the President. Finally, because it appears that Trump’s attempts at claiming executive privilege constitute an attempt to delay any transfer of findings to the Department of Justice until after the 2022 mid-term elections, when he is hopeful that a Republican Majority in the House will vote to end the investigation and conceal any findings from public view, Trump’s attempts at making such a claim constitute a clear attempt to obstruct Congress, and therefore constitute a violation of 18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees, as Trump’s attempt at delays through the courts are clearly a corrupt attempt to impede a Congressional inquiry.

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