Home / General / I expect a judgment. Shortly. On the Day of Judgment.

I expect a judgment. Shortly. On the Day of Judgment.

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Remember all those totally not in any way incriminating government documents that the National Archives was set to turn over tomorrow to the Congressional committee investigating Trump’s attempted coup?

A federal appeals court on Thursday agreed to temporarily bar the National Archives from releasing some of former President Trump’s records to the House select committee investigating the Jan. 6 insurrection.

Why it matters: The National Archives was expected to turn over White House call logs, draft speeches and other related documents on Friday. Trump has repeatedly tried to block the release by pursuing a legal challenge that invokes executive privilege.

The latest: The U.S. Court of Appeals for the D.C. Circuit set oral arguments in the case for Nov. 30.

It’s hard to convey adequately how frivolous the position Trump’s lawyers are arguing actually is.

These are government documents generated by a former presidential administration that Congress wants to see, and the present administration agrees Congress should see. Note that a claim of executive privilege in these circumstances would, under United States v. Nixon, be extraordinarily weak even if the actual president of the United States was asserting it. But the the president isn’t asserting it: he’s assenting to the transfer! Donald Trump has no more standing to challenge that than I do. He’s not president any more: he’s a private citizen, period.

The entire United States government, in its legislative and executive manifestations, says these documents should be available to the committee. And again, these are government documents, generated by the parties in the commission of government business! The notion that a former government official should be able to challenge what the current government wants to do with the government’s own documents is so preposterous I don’t even know how to convey the absurdity of it all.

With luck it will turn out that the Super Secret Federalist Society copy of the Constitution doesn’t have an invisible Laws Don’t Apply to Ex-Presidents if They’re Republican clause, but in the world of Bush v. Gore etc. who knows? I guess we’re going to find out.

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