In an 8-to-1 ruling the Supreme Court said former president Trump can’t claim executive privilege over documents sought by those investigating the insurrection
At issue were two conflicting claims of presidential privilege. The sitting president, Joe Biden, does not consider the documents requested by House investigators to be privileged. Trump — consistent with his efforts to keep his involvement in the events of Jan. 6 2021 as opaque as possible — invoked his own executive privilege as a past president in an attempt to block the release.Justice Roberts acknowledges that the balance of interests in this case are intriguing.
But Roberts, writing for seven other justices, takes cover behind the ruling of the appeals court that examined Trump’s claims — effectively saying that Trump lost so badly in court in the last round that he has no ripe arguments to present to the highest court in the land. “Because the Court of Appeals concluded that President Trump’s claims would have failed even if he were the incumbent,” Roberts writes, “his status as a former President necessarily made no difference to the court’s decision.
Justice Thomas’ dissent contains no legal analysis, stating only that he would grant Trump’s request. The upshot of the ruling — beyond the rebuke delivered to Trump by the three justices he appointed to the court — is that House investigators are one step closer to documenting the extent of Trump’s complicity in the insurrection that sought to block the peaceful transfer of power by foiling the certification of the count by the Electoral College.
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