Posts tagged with "US Capitol insurrection"

Judge rules that Trump’s January 6 White House records should be handed over to House committee

November 11, 2021

A federal judge ruled late Tuesday night, November 9, that former President Donald Trump’s sensitive White House records should be turned over to congressional investigators looking into the departed executive’s role in fueling the January 6 Capitol insurrection, reports The Daily Beast.

Whether it will actually happen is still a bit of a question: Almost immediately on Tuesday night, Trump’s legal team filed an appeal. However, House lawmakers are closer than ever to acquiring internal communications—including phone records for January 6—from within the White House.

And the National Archives, which is in possession of the records, has said it plans to hand over documents Friday unless a court stops the transfer.

That appears to be unlikely at the moment, the Beast says.

Three weeks ago, Trump sued the chairman of the select committee conducting the investigation, Representative Bennie Thompson (D-Mississippi), in an attempt to assert executive privilege and block the National Archives from releasing records of internal White House communications before and during the assault on the nation’s democracy.

U.S. District Judge for the District of Columbia Tanya S. Chutkan, however, ruled that she would not step in the way of the Archives turning over those records.

“The court holds that the public interest lies in permitting—not enjoining—the combined will of the legislative and executive branches to study the events that led to and occurred on January 6, and to consider legislation to prevent such events from ever occurring again,” she wrote.

Chutkan agreed with the committee that this is “a matter of unsurpassed public importance because such information relates to our core democratic institutions and the public’s confidence in them.”

The judge added that Trump’s last ditch effort to keep key details secret would likely fail in a prolonged court battle anyway.

Trump’s political director of communications, Taylor Budowich, issued a statement late Tuesday saying that this battle “was destined to be decided by the Appellate Courts.”

“Pres. Trump remains committed to defending the Constitution & the Office of the Presidency, & will be seeing this process through,” he wrote on Twitter.

His decision to raise the fight to the appellate court could stall the National Archives and Records Administration from releasing it by its deadline this Friday.

Although Trump’s lawyer, Jesse Binnall, argued that the former president could still assert executive privilege with the expectation that current President Joe Biden must abide by it, legal scholars immediately noted that the argument is nonsensical, given the obvious fact that Trump is no longer president, and his successor is under no obligation to abide by his wishes.

Chutkin touched on that in her opinion, ripping into Trump for attempting to assert expanded power. “Plaintiff does not acknowledge the deference owed to the incumbent President’s judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ‘exists in perpetuity.’ But Presidents are not kings, and Plaintiff is not President,” she wrote.

Within hours, Thompson issued a statement thanking the judge for her ruling, accusing Trump’s lawsuit of being “little more than an attempt to delay and obstruct our investigation.”

“The presidential records we requested from the National Archives are critical for understanding the terrible events of January 6th,” he said in the statement. “The Select Committee’s investigation is moving forward swiftly and we look forward to receiving these important records from the National Archives.”

Research contact: @thedailybeast

Justice Department says Trump’s talk of reinstatment could fuel more violence from his supporters

July 12, 2021

The Justice Department is warning that former President Donald Donald Trump’s delusional claims that he’ll be reinstated to the White House could fuel more political violence from his supporters, CNN reports.

Trump and some of his allies on the right-wing fringe have pushed what CNN characterizes as “the ridiculous theory” that he could be reinstated as president in August. There is no legal or constitutional mechanism for that to happen, and Trump’s claims of a “stolen” 2020 election have been fully debunked.

Federal prosecutors brought up Trump’s rhetoric this week in one of the US Capitol riot cases.

The rioter, Marine Corps veteran Alex Harkrider, asked a judge to discontinue his GPS tracking and remove his ankle monitor. The Justice Department opposes this request, saying Trump’s rhetoric could inspire Harkrider to become violent in the future. Harkrider has pleaded not guilty.

“Former President Trump continues to make false claims about the election, insinuate that he may be reinstalled in the near future as President without another election, and minimize the violent attack on the Capitol,” prosecutors wrote in the filing. “Television networks continue to carry and report on those claims, with some actually giving credence to the false reporting.”

Prosecutors continued, linking Trump’s rhetoric to the Capitol rioter’s case: “The defendant in this case is not a good candidate to be out in the community without electronic monitoring to ensure the safety of the community and the safety of democracy in the current environment.”

Indeed, according to CNN, this isn’t the first time Trump’s post-presidency lying about the 2020 election has become an issue for some of his ardent supporters who were charged in connection with the Capitol insurrection.

Earlier this spring, federal judges and prosecutors cited Trump’s rhetoric during detention hearings for some of the Capitol rioters. Judges and prosecutors alike were concerned that Trump’s words could once again incite political violence. Trump’s language made it more difficult for some of his supporters to argue that they could safely be released from jail before trial.

In the Harkrider case, prosecutors say he tried to “obstruct the historically peaceful transition of power and overthrow the government” on January 6. He brought a tomahawk ax to the Capitol that day—his lawyers claimed it was only for self-protection from Black Lives Matter and Antifa.

He asked the judge to remove his GPS tracking. His lawyer says he’s paying a monthly fee of $110 for the monitoring, which is difficult because he “lives on a small pension from the Government, which he receives for his total disability” from his military service. He was a lance corporal in the Marines and served in Iraq and Afghanistan before exiting the military in 2012.

“This is a financial, emotional and physical hardship for Mr. Harkrider,” his lawyer wrote.

As of Friday morning, federal Judge Thomas Hogan hasn’t issued a decision about the GPS monitoring. He released Harkrider from jail in April after he spent three months behind bars.

Research contact: @CNN