Appeals Court to Weigh Trump Arguments 11/30 06:11
WASHINGTON (AP) -- Former President Donald Trump's lawyers will try to
persuade a federal appeals court to stop Congress from receiving call logs,
drafts of speeches and other documents related to the Jan. 6 insurrection at
the U.S. Capitol led by his supporters.
The U.S. Court of Appeals for the District of Columbia Circuit will hear
arguments Tuesday from lawyers for Trump and the House committee seeking the
records as part of its investigation into the riot.
Trump's attorneys want the court to reverse a federal judge's ruling
allowing the National Archives and Records Administration to turn over the
records after President Joe Biden waived executive privilege. Judge Tanya
Chutkan rejected Trump's claims that he could exert executive privilege
overriding Biden, noting in part, "Presidents are not kings, and Plaintiff is
not president." The appeals court issued an administrative stay after Chutkan's
ruling to review the case.
Democratic presidents nominated all three judges who will hear arguments
Tuesday. Patricia Millett and Robert Wilkins were nominated by President Barack
Obama, and Ketanji Brown Jackson is a Biden appointee.
Given the stakes of the case, either side is likely to appeal to the Supreme
In their appeal to the circuit court, Trump's lawyers said they agreed with
Chutkan that presidents were not kings. "True, but in that same vein, Congress
is not Parliament -- a legislative body with supreme and unchecked
constitutional power over the operations of government," they wrote.
Trump has argued that records of his deliberations on Jan. 6 must be
withheld to protect executive privilege for future presidents and that the
Democrat-led House is primarily driven by politics. The House committee's
lawyers rejected those arguments and called Trump's attempts to assert
executive privilege "unprecedented and deeply flawed."
"It is difficult to imagine a more critical subject for Congressional
investigation, and Mr. Trump's arguments cannot overcome Congress's pressing
need," the committee's lawyers said.