A federal appeals court on Thursday granted former President Donald Trump's request to pause the release of key White House records from his presidency to the House select committee investigating the January 6 attack on the US Capitol, as he appeals a lower court's decision that he can't claim executive privilege to keep them secret.
The US Court of Appeals for the DC Circuit set oral arguments for a hearing on November 30. Judges Patricia Millett and Robert Wilkins, both Obama appointees, and Ketanji Brown Jackson, a Biden appointee, sat on the appellate panel considering Trump's request.
"The purpose of this administrative injunction is to protect the court's jurisdiction to address appellant's claims of executive privilege and should not be construed in any way as a ruling on the merits," the panel wrote in a brief two-page order.
Judge Tanya Chutkan [a certifiable TDS sufferer] twice rejected Trump's bid for a preliminary injunction to prevent the National Archives from complying with document request, noting in a Wednesday night ruling that Trump's attorneys did not put forward new legal arguments or new facts to alter her previous ruling that held executive privilege belongs to the office -- not the individual.
"In this appeal, the Court will consider novel and important constitutional issues of first impression concerning separation of powers, presidential records, and executive privilege," Trump's attorneys wrote Thursday.
In a ruling Tuesday, Chutkan wrote, "Presidents are not kings, and Plaintiff is not President."
Let not your heart be troubled, TDSers. This stuff is nuthin new. It has to be done. You who suffer from TDS aren't big on the Constitution but it's our best bet.
It would be a bad thing if the courts refused to settle this tussle between the legislative and executive branches of government.
I'm still guessing that, in the end, Trump'll lose this one, though I'm not certain it will be a good thing if he does.
Congress has the duty to try the President if he's accused of high crimes and misdemeanors. But, to investigate a former President?
It seems to me that that task might more appropriately be the task of the FBI, etc..