JUristic stage win for US President Joe Biden: A US federal appeals court has approved the surrender of the files for the storming of the Capitol in Washington. The court upheld the lower court ruling on Thursday that the documents from the National Archives could be handed over to a parliamentary investigative committee of Congress. Former US President Donald Trump, whose supporters stormed the Capitol in January, sued against the release of the documents.
The ex-president had invoked the so-called executive privilege in his lawsuit against the surrender of the files. This allows a president to keep certain documents secret. A federal court rejected this argument in November. Trump’s executive powers are not valid for life, said the judge responsible.
The appeals court has now ruled that Biden’s decision to release the documents has more weight than Trump’s stance of refusal. “The right of a former president is certainly no more important than that of the incumbent,” argued the appeals court. “In this case, President Biden, as chief executive, has expressly stated that Congress has demonstrated an imperative need for precisely these documents and that disclosure is in the best interests of the nation.”
However, the judgment does not result in the immediate release of the documents. The appeals court said Trump’s lawyers had two weeks to take the case to the Supreme Court. Trump’s lawyers are expected to request another postponement of the clearance there while the Supreme Court examines the case.
A matter for the Supreme Court
“Regardless of today’s appeal court decision, this case was always for the Supreme Court,” said Trump spokeswoman Liz Harrington. “President Trump’s duty to defend the constitution and the office of president continues, and he will continue to fight for every American and every future government.”
However, the appeals court stated that Trump was not acting in the interests of the United States. Public interest in the records held by the National Archives is greater than Trump’s own. “This public interest is all the greater when, as in this case, the legislature acts with urgency to prevent violent attacks on the federal government and disruptions to the peaceful transfer of power,” said the court.
Committee of Inquiry continues
Radical Trump supporters stormed the Capitol on January 6th, when Biden’s victory in the November 3rd presidential election was to be certified there. The attack, which made headlines around the world, killed five people. The investigative committee set up by the House of Representatives is supposed to clarify the exact background of the attack.
Documents Trump is trying to block include notes from his key advisors and memos to his former press secretary. Some former employees are still loyal to the ex-president: Former top strategist Steve Bannon refused to testify and was charged with disregarding parliament and then arrested by the Justice Department. The committee is also expected to prosecute former Chief of Staff Mark Meadows next week for failing to testify.
Vice-Chair Liz Cheney said Thursday the committee had now heard nearly 300 witnesses. On Thursday, former Trump confidante and Pentagon official Kash Patel and Ali Alexander, who helped organize the pro-Trump rally at the White House before the Capitol attack, testified.
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