Trump to Sue to Block Release of White House Records on Capitol Hill Attack - Report

According to a report, Donald Trump is threatening to invoke executive privilege as he prepares to sue in an effort to block the release of White House records from his administration to the House select committee — responsible for scrutinizing the January 6 attack on the Capitol, triggering a potentially long battle over disclosure.

The former president also expects key aides – former White House Chief of Staff Mark Meadows, Deputy Chief of Staff Dan Scavino, strategist Steve Bannon and Defense Assistant Kash Patel – to defy subpoenas of the special committee for records and testimony.

“We will fight subpoenas on the basis of executive privilege and other grounds for the good of our country, pending whether or not subpoenas will be sent to Antifa and BLM for the death and destruction that they caused,” Trump reportedly said shortly after the subpoenas were issued.

Constitutional clashes in the courts are anticipated and will likely be a result of Trump’s effort in trying to resist the select committee — ultimately testing the power of the congressional oversight authority over executive power.

The select committee is made up of seven Democratic lawmakers and only two Republican lawmakers: Reps. Liz Cheney (R-WY) and Adam Kinzinger (R-IL) - both appointed by House Speaker Nancy Pelosi (D-CA).

Trump said in recent days that he will cite executive privilege to counter House select committee investigators seeking to compel his top aides to testify around January 6 and what he knew of plans to halt endorsement of President Joe Biden’s electoral victory.

The former president seeks to retain control over the rapidly escalating investigation into the January 6 events that left five dead and about 140 others injured.

The U.S. Capitol is seen in Washington, U.S., September 27, 2021.

© REUTERS / ELIZABETH FRANTZ

If Trump fails to block the House select committee investigators from receiving Trump’s White House files, the National Archives will proceed in allowing both the Biden administration and Trump to examine the documents relating to claims of executive privilege.

Once the National Archives identifies and releases the records requested by the select committee to Biden and Trump, Trump has 30 days to review the records and ask the administration to assert executive privilege over everything to stop their publication.

As president, Biden has final authority in asserting the necessary protection of specific documents, giving him power to authorize their release despite Trump’s objections.

Trump, however, can then sue in retaliation to their release – a legal strategy Trump and his advisers prepare to pursue as it could hinder the investigation by the select committee.

Trump’s approach to such legal challenges and the elements surrounding the lawsuit are currently undetermined.