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Appeals court weighs Trump arguments to withhold records – The Denver Post – Denver, Colorado

Denver, Colorado 2021-11-30 14:05:00 –

By NOMAAN MERCHANT

Washington (AP) — Tuesday’s Judges’ Committee acknowledges former President Donald Trump’s request and allows the White House to publish documents related to the January 6 riots led by Trump supporters. I asked if I had the authority.

However, the judge also said that the former president may be justified by trying to stop incumbents from disclosing records.

The U.S. Court of Appeals in the District of Appeals for the District of Columbia heard discussions from Trump and a House of Commons lawyer seeking records as part of an investigation into the Capitol riots. Trump’s lawyers want the court to overturn the federal judge’s decision to allow the National Archives and Records Administration to submit records after President Joe Biden relinquishes executive privilege.

Trump supporters broke into the Capitol on January 6 after a rally near the White House, where he made false claims of fraudulent elections and challenged them to “fight like hell.” .. About 700 people have been charged to the federal government. Nine people died during and after the riots.

The National Archives said that the records Trump wants to block include a presidential diary, a visitor log, a speech draft, a handwritten note “on the events of January 6” from the file of former Chief of Staff Mark Meadows, and “the full election.” Sex topic. “

Compared to the US district judge Tanya Chutkan, who is in dispute with the ruling Trump, the three judges in the Court of Appeals spent a relatively short amount of time assessing the importance of the document itself. Instead, most of Tuesday’s hearings focused on what role the federal court should play when the incumbent and former presidents are in conflict over the records of the previous administration.

The judge asked both sides keenly and challenged them in a hypothetical scenario.

To Trump’s lawyer, Judge Patricia Millett suggested that the current president, who is negotiating with a foreign leader, needs to know what the former president promised to that leader. Incumbents may attempt to publish phone records or other records from the previous administration for national security reasons, the judge said.

“For clarity, is your position that a former president can come in and file a proceeding?” Millet said. “That’s our position,” said Justin Clark, a lawyer for Trump.

Millet has presented a House Commission lawyer with a scenario in which the newly elected president may seek retaliation against his disliked predecessor. A parliament led by the same party as the new president may declare that there was national security concern in disclosing all records of the former president, even at the risk of endangering people’s lives. Said.

“Needless to say, the former president will appear in court,” Millet said. “what happens?”

She did not say she was referring to the president, but refused to respond to the Commission’s lawyer Douglas Letter, which referred to the president who “incited the riots.”

“We’re not going to make it that easy,” she said.

The letter argued that the current president’s decision should surpass its predecessor in almost all circumstances, and said both Biden and Congress agreed to flip the January 6 record.

“It’s amazing that this court will invalidate the current president and parliament,” the letter said.

The Democratic president nominated all three judges who spoke on Tuesday. Millet and Robert Wilkins were nominated by former Barack Obama, and Ketangi Brown Jackson is Biden’s appointed man.

Given the interests of the case, both sides may appeal to the Supreme Court.

Despite Trump’s false allegations about the stolen elections, the results were confirmed by state authorities and upheld by the courts. William Barr, the last Attorney General appointed by Trump, said the Department of Justice did not find evidence of widespread fraud.

In explaining why Biden did not protect Trump’s records, White House adviser Dana Remus said, “We shed light on what happened inside the White House around January 6 and underlies the most serious attacks. I can withstand the need for a selection committee to understand the facts. ” “

Trump and his allies have fought the Commission in court and parliament by claiming that the former president can exercise executive privilege to prevent cooperation. Former Chief of Staff Meadows and former adviser Steve Bannon resisted the House Committee’s efforts to obtain and ask questions about possible meetings with Trump before the riots. The Justice Department has charged Banon with contempt of Congress. The committee chairman said Tuesday that pastures trying to avoid the same are currently cooperating.

In an appeal to the Circuit Court, Trump’s lawyer said he agreed with Chutkan that the president was not the king to be challenged. “True, but likewise, Congress is not Parliament. It is the legislative body with the highest and unchecked constitutional power over the administration of government,” they write.

Mr. Trump argued that the record of his deliberations on January 6 had to be withheld in order to protect the executive privilege of the future president, and that the Democratic-led house was largely driven by politics. House Commission lawyers rejected these discussions and called the attempt to claim Trump’s executive privilege “an unprecedented and serious flaw.”

“It’s hard to imagine a more important subject for Congress’s investigation, and Mr. Trump’s argument cannot overcome the urgent need for Congress,” said a lawyer on the Commission.

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