In pushback to Trump, Supreme Court allows release of hundreds of January 6 documents

January 21, 2022

The Supreme Court on Wednesday, January 19,  refused a request from former President Donald Trump to block the release of White House records concerning the January 6 attack on the Capitol—effectively rejecting Trump’s claim of executive privilege and clearing the way for the House committee investigating the riot to start receiving the documents hours later, reports The New York Times.

The court, with only Justice Clarence Thomas noting a dissent, let stand an appeals court ruling that Trump’s desire to maintain the confidentiality of internal White House communications was outweighed by the need for a full accounting of the attack and the disruption of the certification of the 2020 electoral count.

In an unsigned order, the majority wrote that Mr. Trump’s request for a stay while the case moved forward presented weighty issues, including “whether and in what circumstances a former president may obtain a court order preventing disclosure of privileged records from his tenure in office, in the face of a determination by the incumbent president to waive the privilege.”

But an appeals court’s ruling against Trump did not turn on those questions, the order said. “Because the court of appeals concluded that President Trump’s claims would have failed even if he were the incumbent, his status as a former president necessarily made no difference to the court’s decision,” the order said.

Within hours of the decision, the National Archives began turning over hundreds of pages of documents to the committee.v A Justice Department spokesperson said on Wednesday evening that the documents had been delivered to the committee. But a spokesperson for the panel said on Thursday morning that the committee had received only some of the documents and expected the rest to be delivered as quickly as the archives could produce them.

Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, and Representative Liz Cheney, Republican of Wyoming and the vice chairwoman, called the decision “a victory for the rule of law and American democracy.”

“Our work goes forward to uncover all the facts about the violence of January 6 and its causes,” they said.

Research contact: @nytimes