First on CNN: Biden White House dismisses Trump’s claims of greater executive privilege

According to a letter obtained by CNN, White House counsel Dana Remus informed National Archivist David Ferreiro on Monday that Biden would not claim privilege over additional material that Trump requested be kept secret in the case of executive privilege.
the former president already sued His administration’s custodian of White House records, the National Archives, to prevent Congress from providing documents he says are privileged, and the latest documents will likely become part of that lawsuit. Unless Trump receives a court order, the National Archives is set to begin handing over the records to the House on November 12.

“President Biden has considered the former President’s claim, and I have consulted with the Office of Legal Counsel at the Department of Justice,” Remus wrote.

“President Biden has determined that a claim of executive privilege is not in the best interest of the United States, and therefore not justified, as per documents provided to the White House on September 16, 2021 and September 23, 2021. Accordingly, President Biden does not uphold the former president’s claim of privilege.”

Remus cited his earlier letter to the National Archives, highlighting the “extraordinary events” that day. The top White House lawyer also noted that Biden directed the National Archives to provide the documents to the committee 30 days after notifying Trump, “absent any intervening court order.”

The White House informed the National Archives earlier this month that it will not claim executive privileges January 6 on the initial batch of documents requested by the committee.

During a White House news briefing at the time, Press Secretary Jen Psaki said that “the President has determined that the first set of documents from the Trump White House does not necessarily require a claim of executive privilege that has been provided to us by the National Archives.” “

“As we have said before, this will be an ongoing process and this is the first set of documents,” she said. “And we will be evaluating questions of privilege on a case-by-case basis, but the president has also made it clear that he believes it is extremely important for both Congress and the American people to have a complete understanding of events. To prevent them from happening again that day.”

As part of the Select Committee of the House thorough investigation, the panel has sent requests for information to several federal agencies. The committee has specifically asked for “all documentation and communications within the White House” on January 6, including call logs, schedules and meetings with top officials and outside advisers, including Rudy Giuliani.

Legal experts say Biden has the final say on whether these documents are covered by executive privilege, and while the committee is headed by members of Biden’s party, Trump’s power to influence the outcome is a factor. It’s an open question.

This story has been updated with additional details on Monday.

CNN’s Evan Perez, Zachary Cohen and Caitlin Polantz contributed to this report.