The Jan. 6 Committee is seeking a trove of Documents, including Records of Communication, between the White House and the Justice Department (DOJ) leading up to the Attack on the Capitol.
The Supreme Court, on Wednesday, Rejected Trump's effort to Stop the National Archives from giving the House Jan. 6 Committee, hundreds of pages of Documents from his time in the White House.
The Court Declined to take up his Appeal, of Two Lower Court Rulings, that said the Documents must be turned over. Only Justice Clarence Thomas said the Court should have Granted Trump’s motion to Block the Handover of the Documents. br />
The Supreme Court’s Action ends the Legal Battle that began in October 2021, when Trump filed a Lawsuit seeking to Block the National Archives from revealing Documents that he argued should be Shielded by Executive Privilege.
Lower Court Rulings directing the National Archives to hand the Material over to Congress "effectively gut the ability of former presidents to maintain executive privilege over the objection of an incumbent, who is often, as is the case here, a political rival," they said.
The House Committee asked for a Trove of Documents related to the Events surrounding the Jan. 6 Riot, including Records of Communication between the White House and the DOJ leading up to Jan. 6.
Trump Objected, asserting Executive Privilege, but President Biden Declined that Assertion. Instead, he directed the National Archives to hand over the Material.
But the U.S. Court of Appeals for the District of Columbia Circuit ruled that although Trump retained some Limited Authority to claim Executive Privilege, it wasn't strong enough to overcome Biden's Decision that Congress has a Legitimate need for the Material. br />
The Court cited a 1977 Supreme Court Decision, in a Dispute between former President Richard Nixon and the National Archives, which said the Incumbent President is in the best position to decide whether the Privilege should be asserted.
As long as the Committee cites at least One Legislative purpose for the Documents, that is enough to Justify the Request, the Appeals Court said, even though Individual Members have suggested they may have Partisan Political Motives in seeking it.
The Committee said it has a Proper Purpose because its work will "lead to specific legislative recommendations designed to prevent any future attacks on the democratic institutions of the Republic."
The Panel also discounted Trump's Claim that forcing the National Archives to hand over Oval Office Documents could Discourage Future Presidential Aides from providing Candid Advice. That concern is Misguided, the Committee said, because the Conduct under Investigation, goes far beyond the typical Deliberations concerning a President's Official Duties.
Leaving the Lower Court Rulings intact, would Not encourage future Presidents to facilitate Congressional attempts to get White House Documents involving their Predecessors for Partisan Political reasons, the Committee said. "The fact that every president will someday be a former president provides an incentive to ensure that the privilege is not eroded or abused," it said.
The Committee urged the Supreme Court to act Quickly, saying it needed the Documents to help Guide its Investigation.
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