Donald Trump threw down the gauntlet to Joe Biden.
Now all hell is breaking loose.
And Donald Trump is about to see Joe Biden in court in this major 2020 election case.
Joe Biden refused to uphold Donald Trump asserting executive privilege to block Nancy Pelosi’s January 6 committee from getting its hands on documents from the Trump administration pertaining to the 2020 election and its aftermath.
Donald Trump immediately sued the committee arguing the subpoena was overly broad, politically motivated and lacking in legislative purpose.
“The United States House Select Committee to Investigate the January 6th Attack on the United States Capitol (the ‘Committee’) has decided to harass President Trump and senior members of his administration (among others) by sending an illegal, unfounded, and overbroad records request to the Archivist of the United States. This self-described ‘sweeping’ request is almost limitless in scope and effectively seeks every presidential record and communication that could tenuously relate to events that occurred on January 6, 2021. The request also seeks records with no reasonable connection to the events of that day,” the lawsuit reads.
There is case law that backs up Donald Trump’s suit.
Independent journalist Glenn Greenwald posted on Twitter that dating back to the McCarthy era, the court held that Congress did not have the power to conduct political fishing expeditions into private citizens’ political acts.
“The Court — both during Congress’ McCarthy probes and before — stressed that while Congress can issue subpoenas to help write new laws or exert oversight over the Executive, compelling private citizens to answer about their political acts is particularly dangerous and dubious,” Greenwald wrote.
Greenwald also explained that the most recent Congressional Research Service report outlined the limitations on Congress’s oversight authority.
The Congressional Research Service report stated that Congress could not usurp the authority of other branches of government and could not investigate individuals just to “expose for the sake of exposure.”
The January 6 committee violates both of these principles.
It’s the job of the FBI to investigate if there was a coordinated plot to storm the Capitol on January 6.
The Department of Justice filed criminal charges against nearly 700 individuals and there is no evidence of a conspiracy to attack Congress and overthrow American democracy.
Federal prosecutors did not charge one person with sedition or under the Insurrection Act.
Additionally, the committee’s stated purpose is “exposure for the sake of exposure” as its members are on record as wanting Trump’s aides to testify to his actions on January 6.
The courts have never weighed in on the merits of a former president claiming executive privilege.
Trump’s case will set the boundaries of that power as this case is sure to make its way all the way to the Supreme Court as both sides are certain to file appeals no matter which way the initial ruling works out.
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