Former President Donald Trump’s lawyers argued on Tuesday that a defeat in his lawsuit to keep Jan. 6-related records secret would unleash permanent political warfare between Congress and former presidents.
“In these hyperpartisan times, Congress will increasingly and inevitably use this new weapon to perpetually harass its political rival,” Trump attorneys Jesse Binnall and Justin Clark wrote in arguments filed with the U.S. Court of Appeals for the D.C. Circuit.
Trump is asking the appeals court to grant a stay that would block the House select committee investigating the storming of the Capitol from receiving Trump-era presidential records it has requested from the National Archives. Their request triggered a complex process — set out in federal recordkeeping laws — that included asking President Joe Biden for sign-off and then offering Trump a chance to object.
Trump’s lawyers also repeatedly pilloried Biden’s decision not to back his predecessor’s privilege claim, alleging that Biden’s stance was driven by “political calculations.” Chutkan, in her ruling, made clear she agrees with most legal scholars that the incumbent president’s authority on matters of privilege far outweigh the interests of a former president, who no longer holds any executive authority. Presidents, by nature, protect the prerogatives of the executive branch and are better suited to determine what should be kept secret and what should be released.
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