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The House committee investigating the Jan. 6 riot is set to receive a limited number of Trump White House documents later Wednesday, material the former president has sought to withhold, unless the Supreme Court makes a last-minute intervention.
The National Archives had indicated in a court filing it was prepared to give the House panel four pages of material at 6 p.m. ET Wednesday, absent any court order.
A federal appeals court had earlier allowed a larger batch of executive documents to be turned over to the House panel, but that was put on hold pending a Supreme Court appeal for an injunction on immediate release filed by Trump’s legal team. The four pages in the possession of the Archives are separate from the broader set of documents that was reviewed by the appeals court.
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Trump’s lawyers and the Biden administration are at odds over whether the four pages should also be withheld until the Supreme Court rules. The high court has given no indication when it would decide.
Former President Donald Trump pauses as he speaks at a rally Saturday, Jan. 15, 2022, in Florence, Arizona. (AP Photo/Ross D. Franklin)
“It is abundantly clear that the government intended to conduct an end-run around the administrative injunction by producing alternate copies of documents that, even under the government’s incorrect interpretation of the administrative injunction, would violate its unambiguous terms,” said Jesse Binnall, a Trump attorney, in a court filing. “Under no circumstances should the government’s misconduct and attempt to create an ad hoc record be sanctioned by this Court.”
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But the Biden administration said it does not believe the records are covered by his injunction request in the lawsuit.
A police officer maintains a watch in front of the Supreme Court on Nov. 3, 2021, in Washington. (Joshua Roberts/Getty Images)
“Because the former President has not obtained such an injunction from any court, the release will proceed as scheduled absent an intervening court order,” according to the court filing.
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The House Select Committee is seeking roughly 700 pages of White House documents that were turned over to the National Archives after Trump left office.
Jake Gibson is a producer working at the Fox News Washington bureau who covers politics, law enforcement and intelligence issues.
