Former President Donald Trump’s legal team filed a lawsuit on Monday against House Speaker Nancy Pelosi’s (D-CA) select House committee to stop the National Archives from releasing documents related to Jan. 6.
“As it relates to any materials being sought in situations like this, where fundamental privileges and constitutional issues are at stake and where a committee has declined to grant sufficient time to conduct a full review, there is a longstanding bipartisan tradition of protective assertions of executive privilege designed to ensure the ability to make a final assertion, if necessary, over some or all of the requested material,” the suit said, according to the Washington Examiner.
“The Biden Administration’s waiver of executive privilege is a myopic, political maneuver designed to maintain the support of its political rivals and is not based on any discernable [sic] legal principle,” it added.
Like Trump, many on the right, including members of Congress, believe Pelosi and her fellow Democrats are using the commission as a desperate, hail-mary pass to stave off what is expected to be an absolute bloodbath for Democrats in the 2022 midterms.
The lawsuit came as President Joe Biden did not block the request by the committee to withhold private information from the former president.
In a statement released on Monday, Trump wrote, “The January 6th Committee is a partisan sham to distract Americans from the Democrats’ policies that are killing and robbing Americans.”
Memo on President Donald J. Trump’s Lawsuit to Defend Executive Privilege, U.S. Constitution pic.twitter.com/LsLyJbbA6s
— Liz Harrington (@realLizUSA) October 18, 2021
The case facts
“An incumbent administration does not have the constitutional authority to unilaterally waive the executive privilege of a previous administration,” Trump wrote.
The former president added: “The Committee is motivated by one thing: delivering political wins for the Democrats. That’s why they’ve set a rapid timetable that steamrolls the Constitution, legal precedent, and established process.”
“The thrust of Trump’s claim is twofold, arguing first that the Jan. 6 committee’s request for documents is so broad as to be unconstitutional,” Politico noted, adding that the lawsuit “asserts that the committee lacks a legitimate ‘legislative purpose’ for pursuing the documents.”
Today, President Trump filed a lawsuit in defense of the Constitution, the Office of the President, and the future of our nation, all of which the sham Unselect Committee is trying to destroy. https://t.co/l8ZYQok4yh
— Taylor Budowich (@TayFromCA) October 18, 2021
Trump-haters may not want to agree with Trump’s points, but the lawsuit includes valid arguments that the court will be required to consider prior to the release of any information.