Thursday, December 9, 2021

BREAKING -- Appeals Court Denies Trump Executive Privilege Claim

 

"What Mr. Trump seeks is to have an Article III court
intervene and nullify those judgments of the President and
Congress, delay the Committee’s work, and derail the
negotiations and accommodations that the Political Branches
have made. But essential to the rule of law is the principle that
a former President must meet the same legal standards for
obtaining preliminary injunctive relief as everyone else. And
former President Trump has failed that task.

"Benjamin Franklin said, at the founding, that we have “[a]
Republic”—“if [we] can keep it.”19 The events of January 6th
exposed the fragility of those democratic institutions and
traditions that we had perhaps come to take for granted. In
response, the President of the United States and Congress have
each made the judgment that access to this subset of
presidential communication records is necessary to address a
matter of great constitutional moment for the Republic. Former
President Trump has given this court no legal reason to cast
aside President Biden’s assessment of the Executive Branch
interests at stake, or to create a separation of powers conflict
that the Political Branches have avoided
." -- summary of U.S. Court of Appeals for the District of Columbia opinion denying the Malignant Loser's attempt to claim executive privilege to keep documents from the January 6 select committee investigating the insurrection (pdf).  The Court gave the Malignant Loser 14 days to appeal to the Republican Supreme Court.