“Trump cannot shield White House records from January 6 Committee”, Judge Tanya Chutkan rules

…from Politico

[ Editor’s Note: The doo hits the fan for Trump, and this judge may have just walked into history. And if so, the others might take a good hint that this is their moment in American history also, to defend what needs to be defended, and to help tear down what needs to be torn down.

The Trump legal team was prepared for this and had their appeal ready to go. Now the drama increases, as the Archives has stated it will begin sending the requested records over on Friday if a court does not intervene.

That begs the question of why the Archives has not already had them ready to go in one delivery if there was just a one day time window to beat an Appeal ruling. That said, the legal community is betting the courts can still tie up the process for a good while.

If so,it would mean that even the Justice Department would be enjoined from getting them as part of its investigation, which shows that we have some major overhauling of the courts needed, which is unlikely to happen with the narrow margin for getting legislation passed.

You can download the full 39 page opinon here … Jim W. Dean]

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Judge Tanya Chutkan

First published … November 09, 2021

A federal judge has rejected former President Donald Trump’s effort to block Jan. 6 investigators from accessing White House records related to his attempt to overturn the 2020 election, determining that he has no authority to overrule President Joe Biden’s decision to waive executive privilege and release the materials to Congress.

…“At bottom, this is a dispute between a former and incumbent President. And the Supreme Court has already made clear that in such circumstances, the incumbent’s view is accorded greater weight, Chutkan wrote, citing the Nixon-era ruling.

Chutkan also rejected Trump’s proposal that she review every document on a case-by-case basis to determine whether it should be withheld from Jan. 6 investigators.

“The court … is not best situated to determine executive branch interests, and declines to intrude upon the executive function in this manner,” Chutkan wrote. “It must presume that the incumbent is best suited to make those decisions on behalf of the executive branch.”

…“The court will not second-guess [Biden’s] decision by undertaking a document-by-document review that would require it to engage in a function reserved squarely for the Executive,” she added.

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10 COMMENTS

  1. Presidents Were Kings “#WhenAmericaWasGreat.”

    Why Trump’s hero the brutal dictator was able to commit the Deadliest US Terror Event, after telling SCOTUS “Let’s see you enforce the law & stop me”.

  2. We do not have Kings by title, but until one is arrested, we do not know what level of privileged protection a president is afforded. If one law applied to all people no matter who,…

    We need to know, that if dishonest people are put in office, the law applies equally. Thus far, the indication is “shielded from the law’.

  3. “this judge may have just walked into history, thank God. ….others might take a hint, this is their moment in history to defend what needs defending, and tear down what needs to be torn down.”

    That’s right Jim, if all is as it “appears” to be.
    If things don’t shake out quite right, it will just be the same old thing all over again, as in “caught a lot of little ones, but the big fish got away.” 😲🙄😏

    • Big things/changes, start with a spark. In the judiciary, like most professions where they are various levels, judges want to move up and hence are careful about doing anything that would hurt their chances in doing so. I don’t mean all of them think this way, but after all they are political appointments and there is a history of where some fanny kissing has to be done to get approved. Judge Chukhan crossed over the river with her Trump opinion. If he gets back in she will be on the Trump enemies list unless we destroy it in 2022. But if we cannot put ALL the insurectionists in prison then I fear it will be ‘open season’ hunting on anyone that opposes them on anything. This all started because there are no deep background checks required for high office. I will let you guess what the reason for that might be. And lastly, when is the last time you have ever heard of any of the big security big wigs bring up the subject? I have only seen that crazy Jim Dean guy do it, who much be on crack of something to think that could be done.

    • Jim, I believe you are sincere, and I hope your surmisings are on target.
      Thinking back with limited ability, I can’t place a time when the lid was ever truly blown off a real-deal government case of deep corruption; “corruption” of the darkest sort.
      I could ramble on along this line, but I think it’s clear enough to those who can see it.

  4. “which shows that we have some major overhauling of the courts needed”. Lol .. no shit.
    The mother of all banana republics has so many corrupt two bit pimps in its legal system that they can pull anything anytime out of their dirty sleeves to keep the system of milking millions of retarded people forever in place.

    Justice … lol … yes “just this” ..

    • I’m still at awe as to how that caveman got up to the SC. Kavanaugh or cavemanawe represents the criminal few oligarchs and that representation is what the US legal system which has its tentacles all over the world and in every international legal body, is all about.

    • This decision is like oxygen to a dying patient. Yes, caveman Kavanaugh made his way to the SCOTUS under Trump, but there is nothing in the US Constitution that says how that court can’t be radically reconstructed. The Cult of Trump, of course, has no regard for either democracy and the rule of law. They’ll do an end run around both of them soon. I’m sure Israel will be involved.

    • Newt. Your one comment here says it all. Unfortunately, it appears that the US Court system is just another fox and the hen house scenario. Only slightly better than Robespierre and the Reign of Terror. At least that rabble probably would have got the orange blobs fat head in a basket. Without “due process”, whatever that really is in this Land of Lawyers.