Appeals court grants Trump delay in releasing records to Jan. 6 probe

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  • A federal appeals court on Thursday blocked former President Donald Trump’s request to temporarily withhold White House records investigating the deadly Capitol invasion.

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A federal appeals court on Thursday blocked former President Donald Trump’s request to temporarily withhold White House records investigating the deadly Capitol invasion.

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The court’s order came a day after the National Archives set up the House Select Committee probing the January 6 attack to begin production of those records.

Trump sued the committee in mid-October to block the discovery of a tranche of records from Trump’s term in office, arguing that many of them are protected by executive privilege, the principle that prevents some executive branch communications. Allows for confidentiality. But President Joe Biden refused to apply the privilege to the disputed documents.

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A federal judge rejected that argument Tuesday night. In the 39-page opinion, Judge Tanya Chutkan wrote that Trump’s view “appears to be based on the assumption that his executive power ‘exists’ in eternity.” …but the president is not the king, and the plaintiffs are not the president.”

Trump filed a notice of appeal in the US Court of Appeals for the District of Columbia Circuit less than an hour later.

Trump’s attorney, Jesse Binnell, on Thursday morning asked the appellate court to temporarily halt the release of the disputed records while it considers another injunction on a fast-track basis.

On Thursday afternoon, the appellate court granted that request for an administrative injunction. National Archivist and US Archivist David Ferriero have been ordered to release “records requested by the House Select Committee on which the appellant claims executive privilege,” the court order said.

The appellate court also granted Binnell’s request for a House panel to expedite consideration of Trump’s bid to withhold the record.

This is breaking news. Please check back for updates.

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