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PoliticsUnited States of America

US Capitol riot: Court rejects Trump bid to withhold files

December 9, 2021

The three-judge panel ruled that the documents are not protected by executive privilege. Judge Patricia Millett said former President Trump failed to show that the release of the White House files would cause harm.

https://p.dw.com/p/444OE
Rioters attempt to enter the Capitol illegally
Rioters attempt to enter the Capitol illegallyImage: Leah Millis/REUTERS

A federal court of appeals on Thursday ruled against former US President Donald Trump, who had tried to keep White House documents relating to the January 6 Capitol breach secret.

The three-judge panel rejected Trump's claim that the documents were protected by executive privilege, saying they were in fact vital for an investigation into what led hundreds of people to riot in the Capitol and attempt to overturn the results of the 2020 election.

"On the record before us, former President Trump has provided no basis for this court to override President Biden's judgment,'' Judge Patricia Millett wrote on behalf of the court.

The opinion added that both the president and Congress "agree that there is a unique legislative need for these documents and that they are directly relevant to the Committee's inquiry into an attack on the Legislative Branch and its constitutional role in the peaceful transfer of power."

The committee in question is a House of Representatives panel tasked with investigating how the Capitol came to be breached and whether former President Trump played a role.

On Thursday the committee said it would vote next week on whether Mark Meadows, who served as Trump's chief of staff, should be cited for contempt of Congress.

Trump expected to take case to Supreme Court

Trump and his allies have been accused of inciting the rioters in a speech and egging them on via social media. He had sought to keep his documents, phone records, and messages related to the attack from being seen by the committee, arguing that it was his privilege as a former president.

However, the court found that "the right of a former President certainly enjoys no greater weight than that of the incumbent."

The ruling did not immediately release the records. The appeals court said that Trump's lawyers would have two weeks to appeal the case to the justices of the Supreme Court, three of whom were appointed by Trump.

Trump's attorneys are expected to request a new freeze on the release while the high court reviews the unprecedented case.

es/wd (AP, AFP)