Trump takes executive privilege case to Supreme Court amid Jan. 6 committee fight

The partisan House select committee investigating the Jan. 6 riot on Capitol Hill has issued a range of subpoenas for documents and testimony related to the Trump administration.

Former President Donald Trump has responded by claiming executive privilege, and he continued that fight this week with an appeal to the U.S. Supreme Court.

Trump gets two weeks to prepare case

According to Newsmax, the former president is hoping to prevent the National Archives from handing over subpoenaed documents to the congressional panel.

The latest move came after two lower courts sided with the committee and deferred to President Joe Biden to have the final say on any claims of executive privilege.

For his part, the current president has overruled Trump’s claim and ordered the National Archives to fulfill the committee’s demands.

A circuit court panel agreed with the Biden administration, issuing a ruling on Dec. 9 that upheld the order to release the subpoenaed documents. It also imposed a 14-day stay on its own ruling, however, to allow Trump enough time to file his Supreme Court appeal.

Trump has asserted that his privilege should extend beyond his term in the White House and that prematurely publishing confidential documents would have negative implications for future administrations.

Committee seeks “expedited consideration”

Now, the former president is calling on the nation’s highest court to weigh in on the matter.

Specifically, Trump’s motion seeks a preliminary injunction to block the National Archives from turning over any of the subpoenaed documents until the merits of the case have been fully adjudicated, taking into account the probability of future disputes with the committee.

Meanwhile, the panel filed its response, calling for “expedited consideration” of the matter that would allow members to continue with their probe.

It remains to be seen whether the high court will agree to hear the appeal at all. Chief Justice John Roberts has jurisdiction over the D.C. circuit court and could approve or deny the case on his own, though insiders indicate he is likely to present the matter to the full court and allow all the justices to make a decision.

If arguments do make it to the Supreme Court level, the committee’s petition suggests it will be fast-tracked to a ruling. Of course, it is anybody’s guess whether that decision would have any real impact on the Jan. 6 investigation.

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