President Joe Biden's administration Friday formally rejected the first attempt by former President Donald Trump to withhold White House documents from a congressional committee investigating the Jan. 6 attack on the U.S. Capitol.
WASHINGTON — President Joe Biden's administration Friday formally rejected the first attempt by former President Donald Trump to withhold White House documents from a congressional committee investigating the Jan. 6 attack on the U.S. Capitol.
Trump and some of his top allies are defying the investigation with some Trump advisors such as Steve Bannon challenging subpoenas as part of an effort to delay the probe. Trump aides have also cited executive privilege in their refusal to comply with the subpoenas that asked them to produce relevant documents by Jan. 7.
But the Supreme Court did not hold that an incumbent president's decision always takes precedence over the former president's claim. As a result, the law in this area remains unsettled, according to Shaub, which could result in a lengthy court challenge that could ultimately delay the investigation. Ryan Goodman, a law professor at New York University School of Law, said Biden's position fits within precedent of the executive branch, but emphasized the case is "so historically momentous."
"Even if the Biden White House had sided with Trump, the claim of executive privilege would surely lose in court given the legitimate and enormous congressional interests in this investigation," he said.The White House and Congress have historically negotiated resolutions to disputes over documents that were initially withheld, citing privilege, only to be released years later after protracted court battles, according to Goodman.
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