Last year, the January 6 committee requested certain documents from the Archivist of the United States. Specifically, the committee sought former-President Trump's records concerning January 6, other records concerning Trump's claims about election fraud, and other documents. Trump asserted executive privilege over some of the documents. However, President Biden declined to assert executive privilege of those documents. Trump sued Rep. Bennie Thompson, chairman of the January 6 committee. The District Court ruled against the former President. And in December, the D.C. Circuit affirmed. I blogged about the case here.
Here is how Judge Millett's panel opinion describes the case:
The central question in this case is whether, despite the exceptional and imperative circumstances underlying the Committee's request and President Biden's decision, a federal court can, at the former President's behest, override President Biden's decision not to invoke privilege and prevent his release to Congress of documents in his possession that he deems to be needed for a critical legislative inquiry.
On the record before us, former President Trump has provided no basis for this court to override President Biden's judgment and the agreement and accommodations worked out between the Political Branches over these documents. Both Branches agree that there is a unique legislative need for these documents and that they are directly relevant to the Committee's inquiry into an attack on the Legislative Branch and its constitutional role in the peaceful transfer of power.
