Tuesday, February 22, 2022

Supreme Court Hits Trump: National Archives Docs Must Go to January 6 Committee

Moment Trump hears that news
(My high court didn’t save me. Damn them.)

Three story sources:

Here from Business Insider; here from Reuters; and here from Talking Points Memo with this general headline:

U.S. Supreme Court formally denied Trump's request to review the January 6 committee's bid for White House records

·  The Supreme Court officially denied Trump's request to stop the January 6 committee's bid for White House records.

·  The court previously declined Trump’s request to block the National Archives from turning over the documents.

·  The archives recently recovered 15 boxes of documents from Trump's FL residence which some had classified information.

·  Trump had asserted executive privilege over the documents when the January 6 select committee initially requested them.

·  Biden declined to do the same, saying in October: “It is not in the best interests of the United States since Trump no longer has any executive privilege since leaving office. 

·  It then authorized the National Archives to turn over the materials to the committee.

This decision was widely expected after the high court previously declined Trump's request to block the National Archives and Records Administration (NARA) from turning over several tranches of executive branch documents to the select committee. Trump had asserted executive privilege over the documents when the committee initially requested them.

However, the Biden White House declined to do the same, saying in October:This is not in the best interests of the United States. The National Archives is authorized to turn over the materials to Congress.”

More background leading to this case decision:

— Trump then filed a lawsuit in response to that setting up the first constitutional showdown testing whether a sitting president has the right to overrule their predecessor's assertion of executive privilege.

— A federal judge rejected Trump's request in November, saying in a lengthy ruling that while Trump has the right to assert privilege, Biden is not required to honor it.

— The Federal Circuit Court of Appeals in Washington, DC, affirmed the lower court's ruling in a blistering 68-page opinion written by Judge Patricia Millett.

Judge Millett wrote:Benjamin Franklin said, at the nation’s founding: We have a Republic, if we can keep it. The events of January 6th exposed the fragility of those democratic institutions and traditions that we had perhaps come to take for granted. The incumbent president and Congress determined that access to this subset of presidential communication records is necessary to address a matter of great constitutional moment for the Republic. Former President Trump has given this court no legal reason to cast aside President Biden's assessment of the Executive Branch interests at stake, or to create a separation of powers conflict that the Political Branches have avoided.”

My 2 Cents: Trump seems to be saying:Po’ whittle me – I’m in so much legal doo-doo that I may never get out. Only getting elected back to the White House in 2024 will save me.” 

Nope, nada, nil, zero, zilch, no way in Hell, Mr. Trump. 

Not in this lifetime. So, get lost. 

Thanks for stopping by.


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