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