In the letter released Wednesday, Remus wrote: “President Biden has considered the former President’s claim, and I have 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 fall under executive prerogative, 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 Trump administration White House records.
The committee called for “all documentation and communications within the White House” that day to include 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 evidenced by his public statements and White House announcements that he should submit an initial batch of documents to the committee. It would be difficult to stop the release.
That said, Trump could still attempt to protect his record by suing the agencies concerned — assuming he could 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 specializing in Presidential Powers.
“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 an injunction, by order of the court, e.g. For, banning his release,” she told CNN last week. “That would require a very important decision by a federal court.”
“It’s not impossible, but now it’s a ticking clock,” he said, adding that we could see activity “as soon as possible if the former president and his team are legally aggressive.”
This story has been updated with additional reporting.
CNN’s Zachary Cohen contributed to this report.