Posts tagged with "National Archives"

Trump asks Supreme Court to intervene in Mar-A-Lago secret document dispute

October 6, 2022

On Tuesday, October 4, former President Donald Trump asked the Supreme Court to block documents seized by the FBI from his Mar-a-Lago home and office on August 8, reports HuffPost.

The former president—who fomented a coup to remain in power after losing reelection—is appealing a three-judge decision from a federal appeals court in Atlanta, which last month overturned a ruling from U.S. District Judge Aileen Cannon.

The unanimous decision by the federal appeal court allowed the Department of Justice to go forward with its review of classified documents seized at the Palm Beach, Florida, private club.

The U.S. Court of Appeals for the 11th Circuit ruled that Cannon erred when she stopped the Department of Justice from continuing its analysis of 103 documents, which were among 11,000 taken from the White House at the end of Trump’s presidency.

In a 276-page filing with the Supreme Court, Trump’s new lawyer, Christopher Kise, challenged the circuit court’s ruling.

“The government has attempted to criminalize a document management dispute and now vehemently objects to a transparent process that provides much-needed oversight,” Kise argued.

His primary argument is that 11th Circuit lacks the jurisdiction to overrule the particulars of Cannon’s order approving a special master and telling the DOJ to halt its criminal investigation until that review is finished.

But Kise couched it in terms that suggest the DOJ is acting out of malice or politics.

“The unprecedented circumstances presented by this case―an investigation of the Forty-Fifth President of the United States by the administration of his political rival and successor―compelled the District Court to acknowledge the significant need for enhanced vigilance and to order the appointment of a Special Master to ensure fairness, transparency, and maintenance of the public trust,” Kise wrote.

In a lengthy footnote, Kise added that the federal government is treating Trump dramatically differently than previous presidents, with whom the National Archives made agreements for document storage and cataloging.

“The government feigned concern about purported classified records to justify commencement of a criminal investigation (not even contemplated under the Presidential Records Act) and then raided President Trump’s personal residence (a secure compound protected by U.S. Secret Service agents and used during the Trump presidency to conduct the official business of the United States),” Kise wrote.

Kise, however, does not mention that Trump was the only president who has removed documents marked at the highest levels of classification, which, if disclosed, could compromise the lives of intelligence assets in other countries, as Trump is accused of doing in a DOJ filing.

It is unclear when and how the high court might act, although Justice Clarence Thomas on Tuesday evening set a 5 p.m., October 11, deadline for the Department of Justice to file its response.

Research contact: @HuffPost

Records from Trump White House still missing, National Archives says

October 4, 2022

The National Archives informed Congress’s House Oversight Committee on Friday, September 30, that members of the Trump White House still had not turned over all presidential records—and signaled there could be legal consequences for those who do not comply, reports The New York Times.

In a letter, Debra Steidel Wall, the acting U.S. archivist, said the archives was working to retrieve electronic messages from certain unnamed White House officials who had used personal email and messaging accounts to conduct official business.

Wall wrote that the Archives would consult the Justice Department about whether to “initiate an action for the recovery of records unlawfully removed.”

“While there is no easy way to establish absolute accountability, we do know that we do not have custody of everything we should,” Wall wrote to Representative Carolyn B. Maloney, Democrat of New York and the chairwoman of the Oversight Committee.

Wall cited an August filing by the Justice Department to recover official email records from the personal account of Peter Navarro, a former Trump adviser. Navarro is facing charges of contempt of Congress after he refused to comply with a subpoena from the House committee investigating the January 6, 2021, attack on the Capitol.

In her letter, Wall declined to say whether former President Donald Trump had surrendered all presidential records in his possession.

“With respect to the second issue concerning whether former President Trump has surrendered all presidential records, we respectfully refer you to the Department of Justice in light of its ongoing investigation,” she wrote.

“The National Archives has confirmed to the Oversight Committee that they still have not received all presidential records from the Trump White House,” Maloney said in a statement. “Presidential records are the property of the American people, and it is outrageous that these records remain unaccounted for 20 months after former President Trump left office.”

Maloney had requested a formal assessment from the Archives of what presidential records remained unaccounted for and whether the archives believed any were potentially still in Trump’s possession.

Maloney also requested that the Archives “seek a personal certification from Donald Trump that he has surrendered all presidential records that he illegally removed from the White House after leaving office.”

The federal government tried and failed for more than a year and a half to retrieve classified and sensitive documents from Trump before resorting on August 8 to a search of his Florida estate, Mar-a-Lago, according to government documents and statements by his lawyers.

Two months before the search, Trump’s lawyer certified that all documents bearing classified markings had been returned and that no “copy, written notation or reproduction of any kind was retained.”

Yet the FBI search revealed that the former president still had more than 11,000 government records—including more than 100 with classified markings and documents with the highest classification markings, some related to human intelligence sources. There were additional classified documents in Trump’s office desk drawer.

The search also turned up 48 folders with classified markings that were empty. Although it was unclear why they were empty, the committee said, the apparent separation of classified material and presidential records from their designated folders raised questions about how the materials were stored and whether sensitive material might have been lost or obtained by third parties.

Research contact: @nytimes

Justice Department’s scathing response: Trump brought this on himself; he had it coming

Sepember 1, 2022

The Department of Justice revealed on Tuesday night, August 30, that it only started criminally investigating former President Donald Trump after he lied about keeping “top secret” documents at his oceanside Florida mansion—including three highly classified records inside his personal desk—and had some presidential papers moved around and torn up, reports The Daily Beast.

Had Trump simply turned the documents over to the National Archives when the agency asked for them back last year, the FBI might never have gotten access to them, the DOJ explained.

The DOJ came out swinging against Trump in a scathing court filing to block him from getting his stuff back from the Mar-a-Lago search by stating flatly that “those records do not belong to him.”

In the 36-page document, the DOJ argued that Trump lacks any ability to even ask for a federal judge to step in and oversee the seizure of sensitive documents that were kept unsecured at Trump’s club in Palm Beach, Florida.

The DOJ also revealed why Trump is being investigated for violating a federal law that prohibits destroying government records, cited as 18 U.S. Code § 2071.

Federal prosecutors claim that recovered documents showed that “certain pages of presidential records had been torn up,” a crime that pivotally bars anyone from ever again holding a political office in the United States.

Federal prosecutors disclosed that Trump was under investigation for yet another crime, obstruction of justice, cited as 18 U.S.C. § 1519, because the feds “developed evidence that government records were likely concealed and removed from the [Mar-a-Lago] storage room and that efforts were likely taken to obstruct the government’s investigation.”

For example, FBI special agents who conducted the search three weeks ago claim they found three classified documents in desks at the so-called “45 Office” in another section of the mansion—alongside two of his expired passports—despite the fact that Trump and his lawyers had sworn they wouldn’t be there.

Trump, represented by a team of defense attorneys who have been criticized for their ineptitude, according to The Daily Beast, waited a whopping two weeks after the FBI raid at his Palm Beach estate to sue and ask for a judge to appoint a “special master” to oversee federal agents’ handling of the records they seized.

On Tuesday night, the DOJ responded by arguing that the Presidential Records Act of 1978 “makes clear” that the government “has complete ownership, possession, and control” of those documents and the former president can’t just ask for them back—or dictate how they should be handled.

Trump currently is under investigation by the FBI for putting the nation’s security at risk by mishandling “top secret” government records. For more than a year, his office had been in negotiations with the National Archives over the way he took more than a dozen boxes of presidential records from the White House to his private estate—instead of turning them over to the nation’s archivists for proper preservation.

In recent days, the looming threat of an unprecedented prosecution of a former president has prompted his allies—even prominent Republicans, among them, Senator Lindsey Graham of South Carolina—to threaten nationwide violence and even civil war.

Trump sued the federal government in South Florida federal court, and U.S. District Judge Aileen Mercedes Cannon asked the DOJ to respond, hence Tuesday’s filing.

The scathing arguments laid out in the court filing—signed by top Miami federal prosecutor Juan Antonio Gonzalez and Jay I. Bratt, chief of the DOJ National Security Division’s counterintelligence and export control section—take the most aggressive tone by the DOJ yet against the former president. From the get-go, it counters the disinformation and politicizing that Trump has engaged in through public statements on social media that also bled into his lawsuit, with the DOJ saying that it would provide “a detailed recitation of the relevant facts, many of which are provided to correct the incomplete and inaccurate narrative.”

For example, Trump and his lieutenants—including  former White House aide Kash Patel—have argued that he had already declassified mountains of records, thus eliminating any accusation that such records were sensitive or improperly handled. On Tuesday, the DOJ revealed that Trump’s lawyers never even mentioned that any of the documents in the 15 boxes Trump turned over to the National Archives in January 2022 were declassified.

The DOJ also acknowledged that it has indeed had a federal grand jury in the District of Columbia investigate the former president, noting that there authorized federal prosecutors on Monday to disclose it following Trump’s statements about having received subpoenas for video footage at Mar-a-Lago.

Federal prosecutors also shed more light on what they say happened on June 3, when Bratt himself traveled south to Mar-a-Lago to figure out what exactly was going on. According to the DOJ’s court filing, Trump’s lawyers assured the feds that no classified documents remained at the mansion, which doubles as a luxurious club with international clientele that at times has included unscrupulous types suspected of spying for foreign governments.

But when the feds tried verifying whether that was true, they were rebuffed, according to the DOJ. At one point, an attorney for Trump “explicitly prohibited government personnel from opening or looking inside any of the boxes that remained in the storage room, giving no opportunity for the government to confirm that no documents with classification markings remained.”

Adding to the federal agents’ suspicions, Trump’s team handed over a single, sealed Redweld envelope, according to the DOJ. Inside, FBI agents found 38 documents that included five marked “confidential,” 16 marked “secret,” and 17 marked “top secret.”

“Counsel for the former president offered no explanation as to why boxes of government records, including 38 documents with classification markings, remained at the premises nearly five months after the production of the fifteen boxes and nearly one-and-a-half years after the end of the [Trump] administration,” the DOJ wrote on Tuesday.

However, despite the supposed assurances Trump’s team made that all classified material had been turned over that day, the FBI earlier this month found more than 100 others were still at Mar-a-Lago.

Research contact: @The_DailyBeast

Trump encourages FBI agents to go ‘nuts’ and not ‘take it anymore’ over Mar-a-Lago raid

August 31, 2022

Although he was careful not to use the word, early on Monday, August 29, former President Donald Trump appeared to call for the rank and file of the FBI to revolt against its leadership over the seizure of classified documents from his Mar-a-Lago home in Palm Beach, Florida—and his possible criminal indictment, reports Mediaite.

On Friday, a heavily redacted affidavit was released and revealed that, prior to the search, federal agents were concerned

Above, Trump’s Truth Social post. (Photo source: Truth Social)

the former president was still in possession of classified and top secret documents in an unsecured location, and that Trump’s team had not been forthcoming about the documents in numerous interactions with the National Archives.

 

The affidavit said there was “probable cause to believe that evidence of obstruction will be found at” Mar-a-Lago—a serious crime —and detailed the extensive efforts authorities went to retrieve the trove of documents Trump held at his Florida resort.

The affidavit revealed that  nearly 200 classified and top secret documents already had been retrieved in February of this year—the mishandling of which, according to a 2018 law signed by then-President Trump, would make citizen Trump guilty of a felony offense.

Despite the facts of the case, in a Truth Social post, Trump sought to undermine FBI leadership by seeking to stoke distrust and anger inside the agency.

“When are the great Agents, and others, in the FBI going to say ‘we aren’t going to take it anymore,” much as they did when James Comey read off a list of all of Crooked Hillary Clinton’s crimes, only to say that no reasonable prosecutor would prosecute.,” Trump said.

“The wonderful people of the FBI went absolutely “nuts,” so Comey had to backtrack and do a FAKE INVESTIGATION in order to keep them at bay,” he continued. “The end result, we won in 2016 (and did MUCH better in 2020!). But now the ‘Left’ has lost their minds!!!”

At roughly 2 a.m. Monday, he re-upped this message exhorting, “FBI, MAKE AMERICA GREAT AGAIN!”

It is clear that Trump is looking to drive a wedge between FBI and DOJ leadership and the rank and file.

Research contact: @Mediaite

‘Lawyers are giggling’: Attorneys scratch their heads at Trump’s ‘very strange’ DOJ lawsuit

Augusst 24, 2022

On Monday, August 22, former President Donald Trump filed a lawsuit demanding the return of documents seized by the FBI from Mar-a-Lago—arguing that the feds did not have sufficient reason for the raid, even though they found 300 classified documents at Trump’s home, according to The New York Times.

Indeed, Salon reports, the FBI recovered more than 300 classified documents from Mar-a-Lago in three batches over the last eight months, according to the report. Trump only turned over 150 of the documents to the National Archives in January, prompting the Justice Department to investigate whether he withheld some materials.

boxes included documents from the CIA, National Security Agency, and FBI across a “variety of topics of national security interest,” according to the report.

Trump rifled through the boxes of documents late last year as officials were attempting to recover them, sources told the outlet. Surveillance footage obtained by the DOJ also showed people “moving boxes … and in some cases, appearing to change the containers some documents were held in,” according to the report. Trump resisted demands to return the documents, describing them as “mine,” sources told the Times.

Earlier this year, Trump attorney Christina Bobb signed a declaration that all classified material had been returned, which ultimately led to the FBI’s unprecedented raid on Trump’s residence to recover documents that he withheld after the first three recovery attempts.

Andrew Weissmann, a former federal prosecutor who served on special counsel Bob Mueller’s team, called the report “incredibly damning” for Trump, noting that the report suggests the former president personally reviewed the documents to decide what to return.

“If you are a prosecutor, you really look for evidence of what the former president did personally,” he told MSNBC. “If the DOJ either knows about or is soon to interview those people who were sources for The New York Times, they’re going to have a substantial criminal case.”

Despite the mounting evidence that Trump’s actions may have run afoul of federal laws governing classified materials and document preservation, Trump filed a lawsuit on Monday arguing that the feds have “failed to legitimize its historic decision” to raid his home.

The lawsuit called for a court to appoint a special master, a third party who is typically a former judge, to review whether some materials may be protected by attorney-client privilege or other guidelines. The lawsuit seeks the return of documents the FBI seized in the raid.

“This Mar-a-Lago Break-In, Search, and Seizure was illegal and unconstitutional, and we are taking all actions necessary to get the documents back, which we would have given to them without the necessity of the despicable raid of my home, so that I can give them to the National Archives until they are required for the future Donald J. Trump Presidential Library and Museum,” Trump said in a statement on Monday.

The lawsuit argues that the raid was politically motivated, claiming that Trump is the “clear frontrunner” in the 2024 election “should he decide to run.”

The lawsuit accuses the feds of violating Trump’s Fourth Amendment rights against unreasonable search and seizure and asks that the court block “further review of seized material” until they are reviewed by a special master.

The DOJ said it would file a response in court.

“The August 8 search warrant at Mar-a-Lago was authorized by a federal court upon the required finding of probable cause,” DOJ spokesperson Anthony Coley told CNBC.

Research contact: @Salon

Justice Department objects to releasing affidavit used to search Trump’s home

August 17, 2022

On Monday, August 15, the Justice Department contested making public the affidavit used to justify the search of former President Donald Trump’s home in Florida—saying its release would “compromise future investigative steps” and “likely chill” cooperation with witnesses, reports The New York Times.

In a 13-page pleading, filed in a federal court in southern Florida in response to requests by The New York Times and other news organizations to make public the evidence included in the document, prosecutors suggested that the department has undertaken a broad, intensive inquiry into Trump’s handling of some of the most secret documents of the government after he left office.

The prosecutors acknowledged interviewing witnesses in connection with the investigation of. Trump’s retention of the material. They also wrote that releasing the document could compromise the continuing investigation.

“Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses,” prosecutors wrote. They added that releasing the affidavit could harm “other high-profile investigations,” as well.

One of the reasons proposed by the government for not releasing the affidavit was to protect the identities of witnesses against death threats. On Monday, prosecutors in Pennsylvania unsealed charges against a man accused of repeatedly threatening to kill F.B.I. agents in the days after Trump’s property was searched.

The magistrate judge who signed the search warrant, Bruce E. Reinhart, ultimately will decide whether the affidavit should be released. It is unclear when he will rule on the news media’s request.

According to the Times, “The legal—and political—aftershocks from the search were still reverberating a week after F.B.I. agents appeared at the resort while the president was at his club in Bedminster, New Jersey.”

Trump—who has accused Attorney General Merrick Garland of conducting a politically motivated “witch hunt” and roughly rifling through his family’s possessions—claimed on Monday that the government “stole my three Passports,” in a post on Truth Social, the online platform he founded.

By late Monday, the Justice Department had contacted Trump’s legal team to retrieve the three passports—two of them expired and the third an active diplomatic passport, according to one of the former president’s lawyers, Evan Corcoran, and a spokesman for the department.

In a statement late Monday, the F.B.I. said that it “follows search and seizure procedures ordered by courts; then, returns items that do not need to be retained for law enforcement purposes.”

Garland agreed last week to release the warrant used to search Trump’s private club, but has resisted attempts to make public the underlying affidavit—a far more sensitive document that should contain, among other things, the reasons prosecutors believe there was probable cause that evidence of a crime could be found at Mar-a-Lago, Trump’s estate in Palm Beach, Florida.

The investigation into the mishandling of government documents—while known for months—had not been considered to be as significant as the department’s sprawling investigation into the attack on the Capitol, which has been moving closer to Trump and his top advisers.

Federal agents removed top secret documents when they searched Trump’s residence last week as part of an investigation into possible violations of the Espionage Act and other laws, according to a search warrant made public on Friday.

At least one lawyer for Trump signed a written statement in June asserting that all material marked as classified and held in boxes in a storage area at Mar-a-Lago had been returned to the government, four people with knowledge of the document said.

Even as the former president counterattacked, new details emerged of how Trump and his inner circle flouted the norms, and possibly the laws, governing their handling of government records.

According to two people with knowledge of the situation, Trump and his Chief of Staff Mark Meadows, the man who oversaw presidential records in the chaotic closing days of the administration, failed to organize an effort to collect, box, and deliver materials to the National Archives — as prior presidents former Vice President Mike Pence, did.

Instead, they often focused on settling political grievances and personal grudges, they said.

In the weeks leading up to Trump’s departure from the White House, officials discussed what to do about material that he had at various points taken up to the residence and that needed to be properly stored and returned.

By then, the staff secretary, Derek Lyons, known for trying to keep systems in place, had left the administration. Meadows said he would address such issues, according to a senior administration official.

As Mr. Trump sought to hold on to power, two of Pence’s senior aides—Marc Short, his chief of staff, and Greg Jacob, his counsel—indexed and boxed all of his government papers, according to three former officials with knowledge of the work.

Jacob spent the bulk of his final few days in government preparing the final boxes, with the goal of ensuring that Mr. Pence left office without a single paper that did not belong to him, one of the officials said.

Research contact: @nytimes

‘We’re not releasing a copy of the warrant’: Trump allies ‘circling the wagons’ after Mar-A-Lago search

August 11, 2022

Former President Donald Trump has no plans to release a copy of the search warrant that FBI agents obtained for his residence at Mar-A-Lago, reports Raw Story.

To do so, would expose the reasons for the search—and that is not something that the former president is willing to do.

Trump is free to share a copy of the warrant to clear up confusion about what investigators were looking for, but a source close to the president told NBC News that it’s the DOJ‘s responsibility to notify the public, but not Trump’s.

“No, we’re not releasing a copy of the warrant,” the source said, adding that there was a “complete circling of the wagons” by the Republican Party around the former president.

Trump’s legal team had been in discussions with the Justice Department as recently as early June about classified records stored at Mar-A-Lago, and his attorney Christina Bobb said the FBI removed about a dozen boxes from a basement storage area.

Bobb also said the search warrant indicated they were investigating possible violations of laws covering the handling of classified material and the Presidential Records Act.

She said DOJ officials said they did not believe the storage unit was properly secured, but she said Trump officials added a padlock to the door that FBI agents later broke when they executed the search warrant.

Trump had already returned 15 boxes of documents that the National Archives and Records Administration said had been improperly removed from the White House at the end of his presidency.

Research contact: @RawStory

Trump’s private residence in Florida is searched by F.B.I.

August 10, 2022

Former President Donald Trump said on Monday, August 8, that the F.B.I. had conducted what he referred to as an “unannounced” search of his Palm Beach, Florida, home on the grounds of the private Mar-a-Lago Club, and had broken open a safe—an account signaling a major escalation in the various investigations into the final stages of his presidency, reports The New York Times.

The search, according to multiple people familiar with the investigation, appeared to be focused on material that the former president had brought with him to Mar-a-Lago, when he left the White House. Those boxes contained many pages of classified documents, according to a person familiar with their contents.

Trump delayed returning 15 boxes of material requested by officials with the National Archives for many months, only doing so when there became a threat of action to retrieve them. The case was referred to the Justice Department by the archives early this year.

According to the Times, “The search marked the latest remarkable turn in the long-running investigations into Trump’s actions before, during and after his presidency—and even as he weighs announcing another candidacy for the White House.”

It came as the Justice Department has stepped up its separate inquiry into Trump’s efforts to remain in office after his defeat at the polls in the 2020 election and as the former president also faces an accelerating criminal inquiry in Georgia and civil actions in New York.

Trump has long cast the F.B.I. as a tool of Democrats who have been out to get him—and the search set off a furious reaction among his supporters in the Republican Party and on the far right of American politics. Representative Kevin McCarthy of California, the Republican leader in the House, suggested that he intended to investigate Attorney General Merrick Garland if Republicans took control of the House in November.

The Times notes that the F.B.I. would have needed to convince a judge that it had probable cause that a crime had been committed, and that agents might find evidence at Mar-a-Lago, to get a search warrant. Proceeding with a search on a former president’s home would almost surely have required sign-off from top officials at the bureau and the Justice Department.

The search, however, does not mean prosecutors have determined that Mr. Trump committed a crime.

An F.B.I. representative declined to comment, as did Justice Department officials. The F.B.I. director, Christopher A. Wray, was appointed by Trump.

Trump was in the New York area at the time of the search. “Another day in paradise,” he said Monday night during a telephone rally for Sarah Palin, who is running for a congressional seat in Alaska.

Eric Trump, one of his sons, told Fox News that he was the one who informed his father that the search was taking place, and he said the search warrant was related to presidential documents.

Trump, who campaigned for president in 2016 criticizing Hillary Clinton’s practice of maintaining a private email server for government-related messages while she was secretary of state, was known throughout his term to rip up official material that was intended to be held for presidential archives. One person familiar with his habits said that included classified material that was shredded in his bedroom and elsewhere.

The search was at least in part for whether any records remained at the club, a person familiar with it said. It took place on Monday morning, the person said, although Trump said agents were still there many hours later.

“After working and cooperating with the relevant Government agencies, this unannounced raid on my home was not necessary or appropriate,” Trump said, maintaining it was an effort to stop him from running for president in 2024. “Such an assault could only take place in broken, Third-World Countries.”

Research contact: @nytimes

National Archives to hand over Pence’s vice presidential records to January 6 Committee

Febraury 3, 2022

The Biden Administration has ordered the National Archives to turn over records from former Vice President Mike Pence’s time in office,  despite objections from former President Donald Trump, reports The Hill.

A letter dated Tuesday, February 1, from White House Deputy Counsel Dana Remus directed the agency to begin releasing the documents to the House committee investigating the January 6, 2021, attack on the Capitol.

“Many of the records as to which the former President has made a claim of privilege in this set of documents …were communications concerning the former Vice President’s responsibilities as President of the Senate in certifying the vote of presidential electors on January 6, 2021,” Remus wrote.

Although vice presidential records do qualify for some public records exemptions that restrict access, “they are not subject to claims of the presidential communications privilege,” she wrote.

The letter from Remus follows a January 18 letter from Trump seeking to block the release of more than 100 of the documents. In the letter, Trump claimed the documents would violate executive privilege as well as another privilege that covers deliberative processes.

Remus has consistently ordered the release of various Trump-era documents, noting that President Joe Biden, the sitting commander-in-chief, has not asserted any privilege over the records.

The order to release the records comes as a growing number of former Pence aides are cooperating with the committee and sitting for interviews with investigators.

Greg Jacob, counsel to Pence who opposed plans to have Pence buck his ceremonial duties to certify the election results, met with the committee on Tuesday, February 1. And former Pence Chief of Staff Mark Short testified before the House panel last week.

Research contact: @thehill

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