Trump's claim of executive privilege over Jan 6 documents is designed to 'run out the clock on a legislative inquiry': op-ed https://t.co/ShC5JoJ1pL— Raw Story (@RawStory) October 18, 2021
In April, 1974, Leon Jaworski subpoenaed Richard Nixon for the White House tapes. Nixon took the case to court. By July, the Supreme Court had ruled against him.
4 months. It can be done.
I’m hardly a Constitutional scholar, but my quick review of the Complaint didn’t impress me. For example:
Trump’s lawsuit seeking to prevent the archivist from turning records over to the January 6 Committee is remarkably thin. Courts should reject it, swiftly, for the same reasons the Biden Administration was right not to assert executive privilege over the documents (1/2) https://t.co/fcoG2fFnpc— Kate Shaw (@kateashaw1) October 18, 2021
And one wonders how serious this suit is:
I cannot stop laughing at the pathetic premise of Trump's lawsuit that the Presidential Records Act must be unconstitutional if it permits the incumbent president to overrule a former president on privilege issues.— Bradley P. Moss (@BradMossEsq) October 18, 2021
What a flaccid little cry baby.
If Trump can’t get a TRO (yes, first he has to ask for it), it’s game over. If he does get it, he could still lose the temporary injunction hearing; also game over. Failure to win one or both of those means the court doesn’t think Trump can prevail at trial.
Reminder: the Trump lawsuit means nothing if he doesn’t file an immediate motion for a temporary restraining order (and win on that narrow procedural issue). The Archivist can start releasing the current batch of docs to the 1/6 committee on November 12th absent a court order.— Bradley P. Moss (@BradMossEsq) October 18, 2021
Frankly ignore that little point. Besides, the Mazars argument is not as strong as the pleadings claim it is (never rely on the pleadings for the state of the law):
Trump has sued the Natl Archives and the House 1/6 Committee, seeking to block the release of documents that he believes could be privileged.— Katelyn Polantz (@kpolantz) October 18, 2021
You can call Trump lawsuits frivolous all day long, but you'd also better be prepared for a grueling legal battle.
ALSO: Trump team badly misrepresents SCOTUS ruling in Mazars case. The court didn't "shoot down" anything but did ask lower courts for nore detailed review. That review is ongoing but House effort to get Trump's financial records has still won at just about every level. pic.twitter.com/H3H158ZI05— Kyle Cheney (@kyledcheney) October 18, 2021
It really does matter not just what you argue, but how. The delay narrative is not Trump’s superpower. If he can’t get some kind of restraint by November 12, he’s SOL. And he’s going to have to start with a motion pretty soon. That can be filed; whether he can persuade a court he's like to prevail on the merits, is another matter. This case doesn't just involve the issue of Trump's privilege claims, but the issue of an investigation of violations of law. Executive privilege doesn't protect that.
NEW: ‘I wrote better pleadings in law school’: Trump lawsuit likely to be rejected by courts, experts say https://t.co/A8z7lmGj8b— Andrew Feinberg (@AndrewFeinberg) October 18, 2021
Here's the crazy thing: there are legitimate constitutional and separation of powers issues at stake in the 1/6 committee going after Trump's records. There might have even been narrow grounds to truly block some elements of the subpoenas.— Bradley P. Moss (@BradMossEsq) October 18, 2021
This lawsuit won't do that.