December 6, 2021

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Judge denies Trump emergency motion to shield records sought by Jan. 6 committee – NBC News

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WASHINGTON — A federal judge on Monday shot down a request from former President Donald Trump to prevent the National Archives from releasing documents requested by the House select committee investigating the Jan. 6 attack on the Capitol.

Trump filed a lawsuit last month to block the records but that case is still ongoing. Trump filed an emergency motion late Monday, asking Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia to grant a stay in the case pending appeal or an administrative injunction. Chutkan, however, quickly denied the request on Tuesday, calling the move “premature.”

Nov. 9, 202102:25

The judge explained that she hasn’t issued a ruling in the case yet and would only consider a motion for a stay only after she reaches a final judgment. During oral arguments earlier this month, she seemed skeptical of Trump’s request.

In the 14-page filing that Trump counsel Jesse Binnall filed on the former president’s behalf, it says that the National Archives and Records Administration is expected to produce records to the Jan. 6 committee on Friday. Binnall argued that this would happen “before judicial review is complete and before President Trump has had the opportunity to be fully and fairly heard.”

Trump sued the National Archives and House committee last month, arguing that lawmakers’ subpoena for documents was invalid because the committee has no power of investigation and because Trump has asserted executive privilege over the records.

The White House, however, rejected Trump’s attempt to assert executive privilege. White House counsel Dana Remus previously said that the documents “shed light on events within the White House on and about January 6 and bear on the Select Committee’s need to understand the facts underlying the most serious attack on the operations of the Federal government since the Civil War.”

In the emergency request Monday, Binnall said that the case “should be decided after thorough but expeditious consideration pursuant to America’s judicial review process, both before this Court and on appeal, not by a race against the clock.”

He also said that if the judge refused to grant a preliminary injunction, Trump would “promptly appeal.”

Earlier in the day Monday, the Jan. 6 committee issued subpoenas to six former Trump administration or campaign aides who supported Trump’s “big lie” about the 2020 presidential election being stolen.

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