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Trump files lawsuit to avoid Capitol riot panel subpoena

November 12, 2022

The former US president wants to avoid testifying and providing documentation to a Congressional committee investigating the 2021 attack on the US Capitol.

https://p.dw.com/p/4JQP0
US-Midterm 2022 - Donald Trump
Image: Rebecca Blackwell/AP/picture alliance

Former US President Donald Trump on Friday filed a lawsuit attempting to block a subpoena requiring him to testify next week before a House committee investigating the January 6 attack on the US Capitol. 

The suit, filed in a Florida southern district court, argues that while former presidents had voluntarily agreed to testify or provide documents to congressional subpoenas, none of them had "ever been compelled to do so." 

What did the lawsuit contain?

In October, the committee escalated its investigation by subpoenaing Trump, arguing that the former Republican president played a "central role" in instigating the violence which took place at the US Capitol.

Apart from Trump's testimony, the subpoena requested documents, personal communications between Trump and members of Congress as well as extremist groups.

Trump's lawsuit accused the committee of infringing on the ex-president's constitutional right to free speech and questioned the committee's authority to force him to testify.

"Long-held precedent and practice maintain that separation of powers prohibits Congress from compelling a President to testify
before it,'' Trump attorney David A. Warrington said in a statement.

Warrington added that while the former president had cooperated with the committee in "good faith," he no longer intends to do so as the panel "insists on pursuing a political path."

The lawsuit referred to the subpoena as a "quasi-criminal inquest."

Will Trump testify?

The representatives on the panel declined to comment on the lawsuit. 

Whether the panel resumes hinges entirely on which party controls the House after the midterm election.

While the lawsuit delays Trump's appearance before the panel, it also makes it likely that he may never have to testify as the House committee is set to be dissolved at the end of the legislative session in January.

Trump's suit comes just days before he is expected to formally announce the launch of a campaign for presidency. in 2024

ns/wmr (AP, AFP, Reuters)