Appeals court temporarily bars release of Trump White House records to House Jan. 6 committee

[LetMyPeopleVote]

Source: Washington Post

A federal appeals court on Thursday blocked the imminent release of records of former president Donald Trump’s White House calls and activities related to the Jan. 6 Capitol attack after a lower court found that President Biden can waive his predecessor’s claim to executive privilege.

The U.S. Court of Appeals for the D.C. Circuit granted a temporary injunction while it considers Trump’s request to hold off any release pending appeal, and fast-tracked oral arguments for a hearing Nov. 30.

The order came after U.S. District Judge Tanya S. Chutkan of Washington on Tuesday cleared the way for handover of documents to a House investigative committee, ruling that an ex-president’s claim to a residual right to withhold records from Congress after leaving office does not continue in perpetuity.

“Presidents are not kings, and Plaintiff is not President,” Chutkan wrote.

Read more: https://www.washingtonpost.com/local/legal-issues/appeals-court-temporarily-bars-release-of-trump-white-house-records-to-house-jan-6-committee/2021/11/11/0e71fd5e-423f-11ec-9ea7-3eb2406a2e24_story.html

[LetMyPeopleVote]

1. There will oral arguments on appeal set for Nov. 30

Link to tweet

[PoliticAverse]

2. Completely expected. This is going to have to be settled by the Supreme Court, due to the claim of

"executive privilege".

The question isn't whether Trump will win or not (he most likely won't), the question is how long Trump can delay.

[wryter2000]

11. But the claim is bogus on its face

No?

[Orrex]

22. It would be, if the SCOTUS were still a legimate entity

[Ray Bruns]

44. Yes. The claim is Horsesh@t. I don't get why these courts

Keep enabling this turd.

[wryter2000]

50. Weird

When I look at your post in the “your posts” screen, my phone has censored the word “horseshit.” When I come here, it isn’t censored.

There was a software update the other night. It must have included some sort of censorship program.

[DallasNE]

36. Correct, This Move Was Expected

All it means is that they will hear the case. Remember, a sitting President claimed executive privilege on some tapes that the Senate wanted and the Supreme Court ruled 9-0 that executive privilege does not extend to a lawless act and President Nixon was forced to hand over those tapes.

[atreides1]

41. The difference

That was another time when being on the Supreme Court required integrity...

[PoliticAverse]

42. 8-0, Rehnquist recused himself...

https://en.wikipedia.org/wiki/United_States_v._Nixon

[DallasNE]

57. Working From Memory, I Remembered That It Was Unanious And Translated to 9-0

Indeed, I did not remember Rehnquist recusing himself so I just got educated on this fine point.

[INdemo]

46. With this Supreme Court I think they will rule

in favor of Trump. We never thought they would side with the Texas abortion but they have kept it going

[NYC Liberal]

51. I don't think so. They ruled against him on the subpoenas

last year. It was 7-2, and both Gorsuch and Kavanagh voted against him.

Obviously it could go either way but I think he will lose.

[PoindexterOglethorpe]

3. Why am I not surprised?

I honestly doubt these records which actually be released any time this century.

[TreasonousBastard]

4. Was I under the mistaken impression tbat those are The People's...

records?

[Rebl2]

5. That is

what I understood

[PoliticAverse]

16. See: Executive Privilege and Former Presidents: Constitutional Principles and Current Application

Executive Privilege and Former Presidents: Constitutional Principles and Current Application
Congressional Research Service
September 20, 2021
https://sgp.fas.org/crs/secrecy/LSB10642.pdf

[Orrex]

53. About that...

If a current President can undo a predecessor’s Executive Orders with the stroke of a pen, it would seem reasonable to afford the current prez similar authority over prior claims of executive privilege.

[AllaN01Bear]

6. are these things not public record anyway if they are in the national archives ?

he is playing his fav game , stall ,manipulate , delay untill the clock runs out.

[PoliticAverse]

18. No, everything in the National Archives is not considered a public record. n/t

[WhoWoodaKnew]

27. Especially the stuff in that secret compartment that Nicolas Cage found

[KS Toronado]

45. I was surprised Cage wasn't smart enough to wipe

his fingerprints off of that book. At least he lives to film another day.

[onenote]

26. They are governed by the Presidential Records Act.

While "ownership" of the documents rests with the government, that doesn't mean that they are accessible tot he public willy-nilly.

[left-of-center2012]

7. Bull

I doubt this very much:
"The panel will certainly affirm Judge Chutkan’s order demanding that Trump’s documents be turned over to the Jan 6 Committee, and SCOTUS will agree."

[nitpicker]

15. +1

Not about the panel, but SCOTUS.

[yaesu]

8. tRump appointed no doubt. nt

[Rebl2]

13. I don't think so

[jimfields33]

25. Why do you say that?

All three were appointed by President Biden or President Obama.

[ColinC]

32. Most are Democratic appointed judgees

2 or 3 are trump appointed.

[Kablooie]

39. Not necessarily.

Trump and his lawyers are expert at using loopholes in the justice system to keep things locked away forever. Judges have to follow the law so Trump can force them to do his will.
He will appeal it up to the Supreme Court and if they say his claim is not valid he will come with a different justification and the whole process starts over again.

The docs will never see the light of day as long as Trump is alive.

[Polybius]

56. How come whenever people are proven wrong, they never reply back?

An "oops, my mistake" was all that was needed.

[wryter2000]

9. When do judges say "enough is enough"

And we're not going to entertain more of your nonsense?

OTOH, couldn't they have scheduled the hearing for sooner than that? This is so incredibly frustrating.

[nakocal]

10. The hearing should be set for tomorrow

It is bullshit that it is set for the end of the month. All this does is allow the person in charge of the attack on the Capital to run more time of the clock.

[Rebl2]

14. I agree!

[Comfortably_Numb]

20. When democracy is on the line- NOW! Give the lawyers and Drumph's goons till Monday to show up.

[Orrex]

23. If a black teenager had stolen a can of Red Bull, he'd be jailed immediately & held until the trial

But a wealthy white fuckhead directly involved in the attempted overthrow of the government? Meh.

[orangecrush]

47. Truth

[gab13by13]

12. To me the question if Trump has executive privilege should be a moot point.

Even a former president can't claim executive privilege if it hides documents and information about criminal activity.

[Hugh_Lebowski]

21. What was the crime(s) documented therein, exactly? Has anyone else been charged with it?

Like, as accomplices, etc?

Also, if you successfully hide them, nobody knows that they're 'about criminal activity', so a bit of a Catch-22, one which we saw play out in the Mueller Report re: Obstruction, and nobody seems able to do a damn thing about it, then or now.

Also, perhaps trying to coordinate a de-facto coup as a LOSING president, during your lame duck period, claiming you 'lost due to fraud', was not something that anybody has thought to make illegal?

It's probably technically not ... just saying.

Also, f*ckhead Donnie gets away with EVERYTHING anyway, so ... don't hold your breath he's ever held accountable for anything. Maybe his tax cheating ... maybe.

[PoliticAverse]

29. United States v Nixon - Nixon lost...

https://en.wikipedia.org/wiki/United_States_v._Nixon

[mucifer]

17. I am so exhausted for the evil thriving

[bluestarone]

19. So 19 days. I'm sure it's fast BUT (not in my eyes BTW)

To me I cannot see a reason why it cannot be heard in 7 days. BUT i do NOT know how things work! Just saying what i think here.

[WHITT]

24. The SCOTUS May Not Take It

Just let the final appellate court ruling stand. Then they don't have to publicly vote.

[WhoWoodaKnew]

28. You guys might as well get use to Trump using our courts to delay everything...

...from here on out. It's what he does.

[wryter2000]

30. They could stymie that

Give him hearings really quickly. Instead of a month, give him a hearing within a week. They know what he's doing.

[rictofen]

31. But that can't be

I read right here that they'd be released Friday since today is a holiday, and also that Lawrence Tribe said Trump lawyers had failed to make a case for a stay.

[orangecrush]

49. Welcome to DU

[greenjar_01]

33. Conservative Lawyer Brigade arriving shortly to explain why this is right decision

[Orrex]

35. Right?

The most important thing is that no one articulate their frustration or anxiety and the nonstop shit-show of KKKonservative impunity.

[onenote]

37. Pretty sure the three judges issuing the order

and the January 6 Committee that did not oppose the grant of the order aren't "KKKconservatives". Also pretty sure you won't like hearing this.

[Orrex]

38. Pretty sure that I made no comment about the Committee nor the issuing judges

Also pretty sure that you'd rather address comments that you assign to me, rather than understand my comments.


Also, thanks for demonstrating my point.

[dalton99a]

54. +1

[malthaussen]

34. Oh, FFS.

I am getting so tired of this bullshit.

-- Mal

[pfitz59]

40. Me too

I'll be dead before justice is served, if ever...

[SouthernDem4ever]

43. what the hell?

is someone threatening the judges on this panel? Why would you block an investigation into treasonous actions.

[flying_wahini]

48. Bottom line is these documents won't be seen without all legal stops being pulled.

And TFG stall tactics work because the Right Party is pretty shallow and won’t even know what or How to think until being told.
We have to do it this way to prove its not a ‘trick’

I happen to think that he will be uncovered as The Biggest Fraud. It’s coming.

[SKKY]

52. I guess my only question is, what can be gained by waiting until 30 November?

I mean, I think each side has their positioned well entrenched. Is it a docket schedule issue?

[onenote]

55. Timing:

Gives a reasonable, but limited period of time for brief to be prepared in support of motion, for the Committee to respond to that brief, and for Trump to reply -- all steps that are part of the ordinary appellate process. The final brief is due the day before Thanksgiving. I suspect the decision to schedule the oral argument for the 30th reflects an accommodation to the Thanksgiving travel schedules of the judges, their clerks, and the lawyers.

Assuming the DC Circuit panel rules against Trump, giving his counsel an opportunity to have filed supporting briefs and to prepare for and participate in oral argument may well make it easier for certain members of the Court to vote to deny cert than would be the case otherwise (not that I'm guaranteeing the Court will deny cert).