In the letter launched Wednesday, Remus wrote: “President Biden has considered the former President’s assertion, and I have engaged in additional consultations with the Office of Legal Counsel at the Department of Justice. For the same reasons described in [sic] earlier letter, the President maintains his conclusion that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents provided to the White House on September 8, 2021.”
“Accordingly, President Biden does not uphold the former President’s assertion of privilege.”
Legal consultants say Biden has the final word say over whether or not these paperwork are coated by govt privilege, and contemplating that the committee is led by members of Biden’s celebration, Trump’s energy to sway the end result is an open query.
The House choose committee has launched a sweeping investigation into January 6. As a part of that, the panel has despatched requests for data to quite a lot of federal businesses, together with the National Archives, the custodian of the Trump administration White House information.
The committee requested for “all documents and communications within the White House” on that day, together with name logs, schedules and conferences with high officers and outdoors advisers, together with Rudy Giuliani.
To date, the previous President has not been as aggressive legally in attempting to claim that govt privilege as his public statements may recommend and the White House’s announcement signifies he’ll possible have bother stopping the preliminary batch of paperwork from being launched to the committee.
That mentioned, Trump can nonetheless try to guard his information by suing related businesses — assuming he can pull collectively sufficient authorized firepower for an expensive and sophisticated court docket battle.
If Trump recordsdata a lawsuit, that would, at very least, decelerate the method of handing over the paperwork, however the former President has solely a restricted period of time to take that step, in keeping with Deborah Pearlstein, a constitutional legislation professor at Cardozo Law School who’s an knowledgeable on presidential powers.
“If the sitting President has said he’s not going to assert privilege, then there’s a certain amount of time (before) the documents then have to be released unless the former President succeeds in getting a court order, an injunction, for example, prohibiting their release,” she advised Source final week. “That would require a pretty significant ruling by a federal court.”
“It’s not impossible but all of this is now under a ticking clock,” she added, noting we might see exercise “if the former President and his team are aggressive legally, sooner rather than later.”
This story has been up to date with further reporting.
Source’s Zachary Cohen contributed to this report.