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Judge Rejects Trump’s Late-Night Effort To Block Release Of Jan. 6 Records Within Two Hours

By News Creatives Authors , in Business , at November 9, 2021


In the span of two hours, lawyers for former President Donald Trump filed a second request late Monday night to prevent the National Archives from releasing records to the Jan. 6 committee and, just after midnight, a judge rejected the effort.

Key Facts

Trump’s attorney, Jesse Binnall, issued the second request late Monday night, which asked Judge Tanya Chutkan to approve an “administrative stay” of her ruling for the first lawsuit—which she has not made yet.

Chutkan rejected Binnall’s request early Tuesday, calling it legally defective and “premature,” in a brief overnight ruling.

The second request comes as Chutkan is already weighing another lawsuit, filed in October, which aims to block the Archives from sharing the records by Friday.

Binnall also added that if Chutkan did not make a ruling on the lawsuit by Wednesday, he would go to an appeals court, noting Thursday is a federal holiday and the Archives plans to release the records to Congress at 6 p.m. on Friday.

Chutkan added that she can only grant a stay “while an appeal is pending,” not before, and that her ruling on the lawsuit would arrive “expeditiously.”

Crucial Quote

“This case should be decided after thorough but expeditious consideration pursuant to America’s judicial review process, both before this Court and on appeal, not by a race against the clock,” Binnall wrote in his request.

Key Background

The unusual overnight exchange is the latest ruling in Trump’s legal battle to prevent the Archives from releasing records related to the Jan. 6 riot at the Capitol, where hundreds of Trump supporters broke into the U.S. Capitol building and forced lawmakers to delay certifying Biden’s election win. The House Select Committee, which is investigating, asked the Archives to provide government documents regarding the day in August. President Joe Biden said invoking executive privilege on Trump’s behalf was “not warranted” last month, and Trump filed a lawsuit to prevent the Archives from turning over the records. Trump claims the dozens of records are subject to executive privilege because they’re tied to internal White House communications and deliberations. The Archives indicated it is set to hand over the records on Friday, unless a court ruled otherwise.

Further Reading

Trump makes — and loses — overnight bid to block Jan. 6 investigators (Politico)

Biden Blocks Trump’s Request To Shield Some Documents From Jan. 6 Probe (Forbes)


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