To stymie the congressional investigation into the January 6th coup attempt, Trump is trying to claim executive privilege to shield documents that account for his and his minions’ activities that day. But the Biden White House favors disclosure, according to The Washington Post:
Trump has said he will cite “executive privilege” to block information requests from the House select committee investigating the events of that day, banking on a legal theory that has successfully allowed presidents and their aides to avoid or delay congressional scrutiny for decades, including during the Trump administration.
But President Biden’s White House plans to err on the side of disclosure given the gravity of the events of Jan. 6, according to two people familiar with discussions who, like others, spoke on the condition of anonymity to describe the private discussions.
The article cites a bunch of experts, including lawyers who served Democratic administrations and in pre-Trump Republican White Houses, and the consensus seems to be that post-executive privilege isn’t a thing. Unsurprisingly, one of the two* go-to celebrity Trump-defender legal beagles disagrees:
“There is an unbroken tradition of deference by the incumbent presidents to their predecessors,” [GWU Professor Jonathan] Turley said. “In the past, incumbent presidents would generally support their predecessors in restricting access, despite partisan differences. It appears we may be poised here to shatter that tradition.”
In the past, incumbent presidents weren’t dealing with predecessors who claimed they won an election they lost and incited violence to cling to power. Dump those docs!
*Alan Dershowitz did not weigh in.