Donald Trump, former President of the United States, prepares to address the Conservative Political Action Conference CPAC at the Hilton Anatole in Dallas on July 11, 2021.
On Tuesday, a federal judge rejected the attempt of former President Donald Trump to prevent a bipartisan House Select Committee from obtaining White House records in its investigation into the deadly Capitol Invasion.
In a court order, Judge Tanya Chutkan stated that Trump "is unlikely to succeed on merits of his claims" and that "a balance between the equities or the public interest bear against" his request.
Trump appeals the decision to the U.S. Court of Appeals in Washington, D.C. Circuit.
Chutkan's order was issued less than a day after Trump's lawyer had rejected an emergency request to stop National Archives from supplying documents to the congressional probe into the Jan. 6 attack.
In mid-October, Trump sued to stop the request of the select committee for the archivist to turn over reams Trump administration records. Jesse Binnall was Trump's lawyer. He argued that executive privilege protects many of the documents sought.
Chutkan however stated that she agrees with the argument of the select committee that the president's position in disputes over executive privilege matters more than the previous president.
Chutkan wrote a 39-page opinion stating that "at bottom, this dispute is between a former President and the incumbent President." "And the Supreme Court already clarified that in such circumstances the incumbent's viewpoint is given greater weight."
Chutkan wrote that Trump's view "appears based on the notion his executive power exists in perpetuity.' "But presidents are not kings and Plaintiff isn't President."
Binnall had accused select committee members of trying to harass the former president by a "vexatious and illegal fishing expedition." It also lashed out at President Joe Biden's refusal to grant Trump privilege claims. The committee accused him of using a "political maneuver to accommodate his partisan allies."
Binnall submitted an emergency request to Chutkan on Monday night for him to issue an injunction preventing the National Archives release of the disputed records. Binnall stated that David Ferriero, the archivist, will deliver the documents to the select committee on Friday.
Chutkan was told by the attorney that Trump would "promptly" appeal if she does not block the request of the committee. Binnall suggested that Chutkan issue an emergency injunction to Chutkan pending the appeal so that the appellate court has time to review it.
Chutkan was informed by the lawyer that Thursday's Veterans Day holiday was being observed. Trump could "interpret" the Court's silence to be a refusal and appeal to the D.C. Circuit.
Binnall stated in his emergency injunction request that "if injunctive relief are refused, the National Archives and Records Administration (NAROA) will produce records before the judicial review has been complete and before President Trump's opportunity to be fully and fairly listened to."
Chutkan denied the request for procedural reasons shortly after midnight Tuesday. He called it "premature" because there was no court order or final judgement.
