DONALD J. TRUMP v. BENNIE J. THOMPSON, civil action 21-2769 is now posted on courtlistener.com.

The first problem with this case is that Trump is suing the January 6th Committee and the Archivist of the United States, when the decision over whether to release documents resides primarily with the White House. That demonstrates either a fundamental misunderstanding of the concept of legal standing, or a premeditated decision to bring a legal case that is designed to fail, for the  purpose of feeding the right wing propaganda mill. While the Archivist of the United States can make an appeal to the courts if he believes concerns of Executive Privilege are not being properly addressed by the current administration, the White House has already agreed to the release of two troves of documents, and the archivist cannot be compelled to withhold documents due to specious claims of privileges that Trump no longer has any legal right to. To clarify this assertion: the only records that a former President would have a legal right to sue over would be matters such as that former President’s personal health records, or records that deal with family issues but have no bearing on government function. Trump’s case is flawed because the relief that he is seeking deals with unofficial acts in a matter where there is probable cause to believe a crime has been committed. To deny Congress access to records of communications regarding the January 6th riots would violate the Balance of Powers clause by limiting the ability of Congress to investigate an attack on the Capitol building that appears to have been coordinated -at least in part- by Executive branch personnel, creating a gross imbalance of authority between the branches of government.

Paragraph 4
The complaint states: “The Committee’s requests are unprecedented in their breadth and scope and are untethered from any legitimate legislative purpose.”

That’s a false statement. The Capitol building was attacked on January 6th. Lawmakers have a legal right to investigate exactly what happened. The Constitution declares that the Legislative Branch shall fulfill an oversight role over the Executive. Because Trump was President at the time the attack occurred, Congress has an absolute right and obligation to investigate an attack on legislators that appears to have been directed by the head of the Executive Branch of government. Failure to fulfill that role would constitute a failure to meet the standard Hamilton called for in the Federalist Papers when he said that “Ambition must be made to counter ambition.”

Paragraphs 5 through 12
A ridiculous and inane rant, all of which are very clearly refuted by the decision from United States v. Nixon. The key language from that decision that applies here is: “Neither the doctrine of separation of powers nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances…Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, the confidentiality of Presidential communications is not significantly diminished by producing material for a criminal trial under the protected conditions of in camera inspection, and any absolute executive privilege under Art. II of the Constitution would plainly conflict with the function of the courts under the Constitution.” As Trump will likely try to argue that United States v. Nixon was a case handled by a special prosecutor, it would behoove January 6th Committee members to strengthen their case by immediately forwarding a request to the Attorney General that he appoint a special prosecutor to receive and review the findings of the January 6th Committee.

Paragraphs 13 through 19
More inane rants, this time challenging the authority of the Biden Administration to share documents from the Trump Administration. These arguments represent a fundamental misunderstanding of the fact that privileges accorded to the Office of the President are accorded to the office itself, and not the individual who holds that office. Once someone is no longer President, many of those privileges and immunities disappear, and attempting to claim a level of privilege which exceeds that of a successor is a concept that is not supported anywhere in the Constitution, or in the US Legal Code.

Paragraphs 20 through 24 are a naming of parties.

Paragraph 25
Improperly cites 44 USC 2204 regarding a President’s right to restrict access to materials related to his Presidency. Trump’s claim fails to recognize that restrictions on information only apply to official acts, and attempting to subvert the Constitution of the United States is an act that is not official, because it does not serve any official government interest, nor does it serve to uphold and defend the Constitution of the United States, ergo any claim of Executive Privilege over Presidential communications is rendered moot per the statute previously cited in United States v. Nixon and the Biden Administration would have sole discretion over the release of all materials.

Paragraph 27 on
More inane ranting, improperly and falsely accusing Demorats of “harassing” President Trump, and spewing inane conspiracy theories trying to portray the January 6th Committee as a “hoax” and a “witch hunt” (playing the hits from the Mueller Investigatoin obviously). Trump’s ridiculous and unfounded claims demonstrate a plaintiff who is separated from reality, and suffers from an intense narcissism that renders him incapable of recognizing when he has done wrong, or that anyone else -in the world- should have a right to investigate wrongs that have been done to them.

Trump’s ridiculous attempt to seek reimbursement for legal fees
The only way that someone who is subject to an investigation that may result in a request for prosecution being turned over to the Department of Justice can file a claim against the Federal Government is under 42 USC Section 1983: Deprivation of rights under color of law, but at no point does he mention that section of the US Code in this complaint. Furthermore, Trump never asserts any actual deprivation of rights. He makes an after the fact declaration of Presidential privilege while failing to recognize that privilege has passed to the Biden Administration, and makes himself look like a fool by repeating the same complaints of “harassment” that he used during the Mueller investigation. He also beclowns himself with his repeated claims that the investigation is a “hoax” and “witch hunt”.

Not only does Trump have no basis for seeking legal fees in this instance, but the January 6th Committee has every right to file a claim against Trump and his Counsel for violating section 11(b)(2) of the Federal Rules of Civil Procedure.

The nature of these arguments is pretty much exactly what I predicted when I published this post last month:
Donald J. Trump has no grounds to claim “Executive Privilege” to prevent disclosure of White House records regarding the events of January 6th
https://contentiousotter.blogspot.com/2021/09/donald-j-trump-has-no-grounds-to-claim.html