WASHINGTON - On Thursday, a federal judge appeared unwilling to prevent the National Archives from publishing dozens of White House documents, which were sought by a House committee requesting the committee investigating the January 6 attack on the U.S. Capitol.
Former President Donald Trump sued the committee and the National Archives in an attempt to stop the process of handing over documents. The records of each former president are kept by the archives.
He is seeking to prevent the handover of the first set of controversial documents before the November 12 deadline.
Trump’s lawyers stated that the request for a wide range of documents is invalid, because the committee does not have unlimited investigative powers and can only seek materials directly related to the enactment of legislation.
"You really mean that the president's notes, talking points, and the record of the telephone conversation on January 6 have nothing to do with the investigation," asked U.S. District Court Judge Tanya S. Chutkan.
"These are about who the president is talking to when people break the windows and climb into the Capitol."
A group of Trump supporters attacked the Capitol on January 6, failing to prevent the vote count in the election and overthrowing President Joe Biden's victory.
The judge also seems to be suspicious of Trump’s lawyers claiming that these materials are protected by executive privileges and that the judge should review each document before submitting it to Congress.
"Doesn't this always mean that production will stagnate like a snail?" she asked.
Decades ago, the Supreme Court ruled in a dispute between the former President Richard Nixon and the archives, claiming that the former president retained some ability to demand administrative privileges. But the court stated that the current president is best qualified to assess when such claims should be respected.
Biden has repeatedly concluded that the privilege should not be invoked to block the committee's request for documents on January 6.
Justice Department lawyer Elizabeth Shapiro said that the former president can claim this privilege, but he can only ask the current president to block the release of the document. She said that if the current president refuses to do so, the matter will end here.
A lawyer for the former president said that some of the committee's requests were too broad, such as obtaining records of White House visitors. But Shapiro said that many former presidents have voluntarily disclosed these logs.
Judge Chutkan has repeatedly stated that certain document requirements of the committee seem to be far from the focus of the investigation.
"From April to January 6, 2020, someone asked for all the conversations with 40 people. This seems very extensive."
Even so, she said, "If the current government opposes, but it is not the case," she will be able to better restrict the production of documents.
The House Committee requested documents from the Archives in March and August, claiming that these documents were related to the actions of the Trump administration before, during, and after the Capitol riots on January 6. Trump notified the files that he formally claimed executive privileges.
However, Biden concluded that this privilege should not apply. Dana Remus, White House legal counsel, stated that these documents “clarify what happened inside the White House on and around January 6th, and that the Special Committee needs to understand behind the most serious attacks on the operations of the federal government since then. Facts. Civil war."
Correction (November 4, 2021, 8:16 PM EST): A previous version of this article incorrectly stated the name of the lawyer representing former President Donald Trump. The name has been removed from the article.
Pete Williams is an NBC news reporter, covering the Department of Justice and Supreme Court in Washington.