President Donald Trump speaks during the infamous rally on January 6, 2021 in Washington, D.C. (Photo: Tasos Katopodis via Getty Images)
Biden Approves Access to Trump's White House Records for Jan. 6 Probe
Biden, said one journalist, believes "there is a coup-plotting exception to executive privilege."
President Joe Biden on Friday ordered federal record-keepers to allow the House committee investigating the January 6 insurrection to access a cache of former President Donald Trump's White House documents, denying an attempt by Trump to shield the information through executive privilege.
"As a part of this process, the president has determined an assertion of executive privilege is not warranted for the first set of documents from the Trump White House that have been provided to us by the National Archives," White House Press Secretary Jen Psaki said Friday.
White House counsel Dana Remus, in a letter to the National Archives obtained by NBC News, wrote that "President Biden has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents."
"These are unique and extraordinary circumstances," wrote Remus. "Congress is examining an assault on our Constitution and democratic institutions provoked and fanned by those sworn to protect them, and the conduct under investigation extends far beyond typical deliberations concerning the proper discharge of the president's constitutional responsibilities."
"The constitutional protections of executive privilege should not be used to shield, from Congress or the public, information that reflects a clear and apparent effort to subvert the Constitution itself," Remus added.
Journalist S.V. Date summarized Remus' letter by saying that Biden believes "there is a coup-plotting exception to executive privilege."
Biden's decision to block Trump's attempt to withhold documents from congressional investigators sets up a legal battle that could ultimately end up at the U.S. Supreme Court.
According to NBC News:
Under federal law, former presidents ask the current president to withhold any documents created during previous administrations, which are held by the National Archives. Trump's next step would be filing a lawsuit against the archives, but he faces long legal odds.
The courts have never definitively said how much authority former presidents have to assert the privilege once they're out of office. But as a practical matter, the views of the current president carry considerable weight. The Supreme Court ruled in 1977 that the incumbent president "is in the best position to assess the present and future needs of the Executive Branch."
What's more, the privilege is not absolute. Courts apply a balancing test in deciding whether it should apply.
The Supreme Court also said the privilege is limited to communications "in performance of [a president's] responsibilities," which might not cover discussions of how to get the Justice Department to undermine confidence in the election results.
Psaki said that "this is just the first set of documents, and we will evaluate claims of privilege on a case by case basis."
"But the president," she added, "has also been clear he believes it to be of the utmost importance for both Congress and the American people to have a complete understanding of the events of that day to prevent them from happening again."
We are at a crossroads
This country and this world are at a monumental crossroads. In a few short weeks, US voters will have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
President Joe Biden on Friday ordered federal record-keepers to allow the House committee investigating the January 6 insurrection to access a cache of former President Donald Trump's White House documents, denying an attempt by Trump to shield the information through executive privilege.
"As a part of this process, the president has determined an assertion of executive privilege is not warranted for the first set of documents from the Trump White House that have been provided to us by the National Archives," White House Press Secretary Jen Psaki said Friday.
White House counsel Dana Remus, in a letter to the National Archives obtained by NBC News, wrote that "President Biden has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents."
"These are unique and extraordinary circumstances," wrote Remus. "Congress is examining an assault on our Constitution and democratic institutions provoked and fanned by those sworn to protect them, and the conduct under investigation extends far beyond typical deliberations concerning the proper discharge of the president's constitutional responsibilities."
"The constitutional protections of executive privilege should not be used to shield, from Congress or the public, information that reflects a clear and apparent effort to subvert the Constitution itself," Remus added.
Journalist S.V. Date summarized Remus' letter by saying that Biden believes "there is a coup-plotting exception to executive privilege."
Biden's decision to block Trump's attempt to withhold documents from congressional investigators sets up a legal battle that could ultimately end up at the U.S. Supreme Court.
According to NBC News:
Under federal law, former presidents ask the current president to withhold any documents created during previous administrations, which are held by the National Archives. Trump's next step would be filing a lawsuit against the archives, but he faces long legal odds.
The courts have never definitively said how much authority former presidents have to assert the privilege once they're out of office. But as a practical matter, the views of the current president carry considerable weight. The Supreme Court ruled in 1977 that the incumbent president "is in the best position to assess the present and future needs of the Executive Branch."
What's more, the privilege is not absolute. Courts apply a balancing test in deciding whether it should apply.
The Supreme Court also said the privilege is limited to communications "in performance of [a president's] responsibilities," which might not cover discussions of how to get the Justice Department to undermine confidence in the election results.
Psaki said that "this is just the first set of documents, and we will evaluate claims of privilege on a case by case basis."
"But the president," she added, "has also been clear he believes it to be of the utmost importance for both Congress and the American people to have a complete understanding of the events of that day to prevent them from happening again."
President Joe Biden on Friday ordered federal record-keepers to allow the House committee investigating the January 6 insurrection to access a cache of former President Donald Trump's White House documents, denying an attempt by Trump to shield the information through executive privilege.
"As a part of this process, the president has determined an assertion of executive privilege is not warranted for the first set of documents from the Trump White House that have been provided to us by the National Archives," White House Press Secretary Jen Psaki said Friday.
White House counsel Dana Remus, in a letter to the National Archives obtained by NBC News, wrote that "President Biden has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents."
"These are unique and extraordinary circumstances," wrote Remus. "Congress is examining an assault on our Constitution and democratic institutions provoked and fanned by those sworn to protect them, and the conduct under investigation extends far beyond typical deliberations concerning the proper discharge of the president's constitutional responsibilities."
"The constitutional protections of executive privilege should not be used to shield, from Congress or the public, information that reflects a clear and apparent effort to subvert the Constitution itself," Remus added.
Journalist S.V. Date summarized Remus' letter by saying that Biden believes "there is a coup-plotting exception to executive privilege."
Biden's decision to block Trump's attempt to withhold documents from congressional investigators sets up a legal battle that could ultimately end up at the U.S. Supreme Court.
According to NBC News:
Under federal law, former presidents ask the current president to withhold any documents created during previous administrations, which are held by the National Archives. Trump's next step would be filing a lawsuit against the archives, but he faces long legal odds.
The courts have never definitively said how much authority former presidents have to assert the privilege once they're out of office. But as a practical matter, the views of the current president carry considerable weight. The Supreme Court ruled in 1977 that the incumbent president "is in the best position to assess the present and future needs of the Executive Branch."
What's more, the privilege is not absolute. Courts apply a balancing test in deciding whether it should apply.
The Supreme Court also said the privilege is limited to communications "in performance of [a president's] responsibilities," which might not cover discussions of how to get the Justice Department to undermine confidence in the election results.
Psaki said that "this is just the first set of documents, and we will evaluate claims of privilege on a case by case basis."
"But the president," she added, "has also been clear he believes it to be of the utmost importance for both Congress and the American people to have a complete understanding of the events of that day to prevent them from happening again."