Lawyers for ex President TrumpDonald Trump House Freedom Caucus Elects Rep. Scott Perry as New President Meadows ‘Between a Rock and a Hard Place’ with Trump, Jan. 6 Panel On The Money – Biden Closes Infrastructure Week MORE on Tuesday he asked an appeals court to overturn a judge’s ruling that would allow the National Archives and Records Administration (NARA) to turn over hundreds of pages of White House records to the House Select Committee on January 6.
In a brief filed with the DC Circuit Court of Appeals, Trump’s legal team argued that US District Judge Tanya Chutkan’s ruling is essentially a “rubber stamp” on the committee and would upset the balance of powers between the executive and legislative powers.
“The stakes are high in this case,” the document reads. “A decision supporting the Committees’ request to NARA would have enormous consequences, forever changing the dynamics between political branches. It is naive to assume that the consequences will be limited to President Trump or the events of January 6, 2021. All congresses They will point out something unprecedented about ‘this president’ to justify a request for his presidential records.
“In these hyperpartisan times, Congress will inevitably increasingly use this new weapon to perpetually harass its political rival.”
Trump quickly appealed after Chutkan ruled in favor of the committee last week and obtained a temporary injunction from the DC circuit just a day before NARA began turning over the records to the committee.
Trump’s lawyers have argued that the request for records is impermissibly broad and that the Biden administration’s refusal to honor the former president’s claims of executive privilege violates his constitutional rights.
But Chutkan ruled last week that Trump, as a former president, has little power to interfere in such an exchange between the incumbent president and Congress.
“The legislative and executive branches believe that the balance of actions and the public interest are well served by the Select Committee investigation,” wrote the Obama-appointed judge. “The court will not question the two branches of government that have historically negotiated their own solutions to Congressional requests for presidential documents.”
The former president’s legal team told the DC Circuit on Tuesday that if Chutkan’s decision were upheld, it would open future presidents to invasive harassment from Congress.
“If the committee’s request is confirmed, there will be no limitation on the presidential records that Congress could review,” they wrote in the presentation.
“Adoption of the new district court rule would allow Congress to grant itself the power to investigate and undermine the authority of both the Executive Branch and the Judicial Branch of the federal government,” Trump’s lawyers added. “This would change any notion of separate and co-equal branches of government.”
The appeals court expedited Trump’s appeal, and responses from the committee and the Biden administration are due next week. A three-judge panel will hear oral arguments in the case on November 30.