In the letter released Wednesday, Remus wrote: “President Biden has considered the former President’s claim, and I have had additional consultation with the Office of Legal Counsel at the Department of Justice. For the same reasons described. [sic] In an earlier letter, the president has upheld his conclusion that the assertion of executive privilege is not in the best interest of the United States, and therefore not justified as any document provided to the White House on September 8, 2021. “
“Accordingly, President Biden does not uphold the former president’s claim to privilege.”
Legal experts say Biden has the final say on whether these documents are covered by executive privilege, and given that the committee is headed by members of Biden’s party, there is no need to influence the outcome. Trump’s power is an open question.
The House Select Committee has launched a comprehensive inquiry on 6 January. As part of it, the panel has sent requests for information to several federal agencies, including the National Archives, custodians of the Trump administration White House records.
The committee called for “all documentation and communications within the White House” that day, including call logs, schedules and meetings with top officials and outside advisers, including Rudy Giuliani.
To date, the former president has not been legally aggressive in trying to claim that executive privilege, as his public statements might suggest and the White House’s announcement that he should submit the initial batch of documents to the committee. It would be difficult to stop the release.
That said, Trump may still attempt to protect his record by suing the relevant agencies — assuming he can pull off enough legal firepower for an expensive and complicated court battle.
If Trump files a lawsuit, it could, at least, slow down the process of handing over the documents, according to Deborah Perlstein, a professor of constitutional law at Cardozo, but the former president has only a limited amount of time to take that step. . Law school that specializes in the powers of the President.
“If the incumbent president has said that he is not going to claim the privilege, then a certain time (before) the documents must be issued unless the former president succeeds in obtaining a court order, an injunction. , for example, banning their release,” she told CNN last week. “That would require a very important decision by a federal court.”
“It’s not impossible, but it’s all in a ticking clock now,” he said, adding that we could see activity “if the former president and his team are legally aggressive, sooner rather than later.”
This story has been updated with additional reporting.
CNN’s Zachary Cohen contributed to this report.