WASHINGTON (CN) — Fighting the release of almost 800 pages of White House records concerning the Capitol riot, former President Donald Trump headed to the Supreme Court on Thursday to seek relief from the justices — three of whom he appointed.
Trump wants to claim executive privilege to keep his White House records around the Jan. 6 Capitol riot away from congressional scrutiny. Frustrating that aim, however, is the refusal by the current occupant of the executive office to assert privilege over the documents.
The House committee investigating the Jan. 6 attack requested the White House records in August and was informed by President Joe Biden in October that he would not stop them. Trump then turned to the courts.
He struck out both in District Court and with the D.C. Circuit. On Thursday, he brought a petition for a writ of certiorari and requested an emergency stay to keep the records secret while proceedings are underway.
“The decisions below effectively gut the ability of former Presidents to maintain executive privilege over the objection of an incumbent, who is often (as is the case here) a political rival,” the petition states.
Headed by Representative Bennie Thompson, the select committee investigating the Jan. 6 insurrection has requested documents and communications from the former president’s speech and his Twitter messages. Lawmakers also want to review all documents and communications in the White House from that day including those of Trump’s personal advisers.
“This sweeping request alone demands access to any number of records to which Congress is not — in any way — entitled,” the petition states.
Trump claims the committee doesn’t have authority to request his records and that, even if they did, the records have nothing to do with Jan. 6 and are protected by executive privilege.
“Respondents’ approach provides no meaningful limiting principle to Congress’s authority to obtain presidential records,” the petition states. “They have prevailed below on a theory that effectively grants Congress plenary power to request (and receive) any information, from any party, at any time.”
While the court has previously found that former presidents do have some privilege over their documents, there has never before been a situation in which the current president and the former president are at odds over what information should remain privileged. The case is also unique in that it concerns one of the darkest days in American democracy.
Trump will attempt to use the Presidential Records Act — which allows former presidents to restrict access to their records for up to 12 years — to stave off the committee.
“The Constitution, this Court’s precedent, and the Presidential Records Act prevent two politically-aligned branches of government from wielding unfettered power to undermine the Presidency and our Republic,” the petition states.
The former president will be represented by Jesse Binnall, an attorney from the Binnall Law Group.
Follow @KelseyReichmann
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