By Kirsten Carlson
In a legal blow for Donald Trump, the Supreme Court has cleared the way for presidential records dating from his time in office to be turned over to a House committee investigating the Jan. 6 attack.
Trump, through his lawyers, had sought to shield over 800 pages of information from the panel, citing executive privilege, which allows for a president to withhold certain information from public release. But in a 8-1 ruling, the Supreme Court on Jan. 19, 2022, rejected a request to block the documents from being handed to Congress.
The ruling has immediate – and potentially longer-term – consequences. Here are three key takeaways from the court’s decision.
1. Executive power has its limits
Trump has championed an expansive view of executive power. During his presidency, he refused to provide information to Congress by asserting executive privilege over a dozen times, issued executive orders in the face of congressional opposition, and even sued his personal and business accountants to prevent them from handing personal tax information over to Congress, which had subpoenaed those records.
Unlike previous presidents, Trump refused to negotiate with Congress over disclosing White House records. Instead, he took his fights with Congress to the courts.
Out of office, Trump continues to resist efforts to disclose information about his presidency. He has urged several former White House staffers and advisers to claim executive privilege in response to subpoenas for information related to the Jan. 6 Capitol attack. The Congress has even had to take the extraordinary step of referring former Trump adviser Steve Bannon and former White House Chief of Staff Mark Meadows to the Department of Justice for criminal contempt proceedings because they have refused to comply with subpoenas.
Federal courts do not like to wade into disputes between the executive branch and Congress, but Trump pushed them to do so.
In its short opinion, the Supreme Court rejected Trump’s expansive view of executive power. The court denied Trump’s request to prevent the National Archives from releasing documents to the committee, stating that his case to shield the records could not prevail “under any of the tests [he] advocated.”
The court added, “Because the court of appeals concluded that President Trump’s claims would have failed even if he were the incumbent, his status as a former president necessarily made no difference in the decision.”
It isn’t the first time that the Supreme Court has had to wade into the issue of Trump’s attempted use of executive power to withhold information from Congress.
In a 2020 ruling in Trump v. Mazars – in which Trump sued his accountants in a bid to prevent their release of tax documents to Congress – the court rejected Trump’s claim of absolute immunity from congressional process and crafted a new analysis to determine when Congress can obtain a president’s personal records.
Similarly, in the latest ruling the Supreme Court appears to be pushing back against Trump’s expansive view of executive power in favor of a more balanced approach.
2. Unanswered question over ex-presidents and executive privilege
Although the justices questioned Trump’s expansive view on executive power, the Supreme Court ruling still preserves the ability of a former president to raise such a claim.
This is consistent with a landmark 1977 decision in which the Supreme Court held that former President Richard Nixon could claim executive privilege in challenging a federal law known as “The Presidential Recordings and Materials Preservation Act.”
That law ensured that government agencies – and, ultimately, the public – could obtain certain documents and tape recordings made during Nixon’s presidency.
The court allowed Nixon to make the executive privilege claim, but it ultimately ruled against him. In upholding the law, the Supreme Court noted that the lack of support for Nixon’s claim by other presidents weakened his case for executive privilege.
The court, in its latest ruling, did not consider the questions of whether and under what conditions a former president may be able to prevail on a claim of executive privilege.
3. The importance of congressional oversight
The Supreme Court’s ruling also reiterated the importance of congressional oversight, and the need for the American people to learn the truth about what happened on Jan. 6, 2021.
By paving the way for the House Select Committee to access hundreds of documents – including visitor and call logs, emails, draft speeches and handwritten notes – the court has seemingly recognized that a healthy, stable democracy depends on people knowing what their government is doing so they can hold elected officials accountable.
As such, the Supreme Court has indicated a willingness to protect a constitutional system that can ensure transparency and accountability by legitimizing legislative branch oversight over the executive.
Kirsten Carlson is Associate Professor of Law and Adjunct Associate Professor of Political Science at Wayne State University.
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Makeitso1701 says
Hopefully con Don will be watching the 2024 Presidential election from prison.
LOL
Michael Cocchiola says
I hope that Trump feels the heat. I hope he has nightmares. I hope he dreads each day waiting for the knock on the door and the hammer of justice coming down on his head.
Tim Mcauliffe says
Does the Flagler County Trump Club still have that Billboard “This is Trump Country”?
Here’s a suggestion as to where they can stick it.
In Bunnell, next to the Vince Carter Sanctuary on Justice Lane. Down the street from the Flagler County Jail.
LetsBeReal says
If Nancy Pelosi, Adam Schiff, Hillary Clinton, and Joe Biden didn’t face justice for their lies and corruption I doubt Donald Trump is worried. Most politicians lie and are corrupt.
I would like to know why Nancy Pelosi is hiding information on January 6th.
bob says
cool-aid drinker did you read the article? did you understand the article? do you need or want reading assistance?
LetsBeReal says
I was responding to Michael Cocchiola comment not the article.
Percy's mother says
I seem to remember you commenting the same thing about the hammer of justice coming down on his head multiple times before . . . 4 years ago, 3 years ago, 2 years ago, 1 year ago, and now this comment. That includes the “Russia Collusion” farce, the “Steele Dossier” farce, the multiple impeachments, and so on. This has been nonstop for 4 years at least with nothing to show for all the investigations (and your comments).
Maybe time for you to move on to another type of commentary, something more erudite and/or uplifting.
joe says
“nothing to show for all the investigations”?
Clearly you did not read either the Muller Report or the Senate Intelligence Committee Report…or any other sources of information besides FOX News….otherwise you wouldn’t be so ignorant
John Stove says
So if the Trump data that is being released by the National Archives is anything like the stuff that is being uncovered about Rudy Giuliani AND Trump sending FAKE ELECTORAL documents to try and change the election plus the traitorous actions of January 6th…..he should never be allowed to hold an elected office ever again, be stripped of his Secret Service detail and his Pension (both of which are taxpayer paid).
The collapse of his grifting scheme and all those involved is like watching a dumpster fire as a clown car crashes into it!!!
The only election fraud was perpetrated by Trump and the Imbecilic Morons known as the Republican Party.
Robjr says
Hoping that someday some CO will tell him to bend over, spread “um”, and cough.
Skibum says
Wannabe king, and already mob Don Donald has to now be wondering what has become of all of his federal court appointments, seeing that so many of them have previously thrown out his ludicrous and false claims of a “stolen” 2020 election, and now even his own Supreme Court nominees (all 3 of them) joined in the majority opinion that the White House documents relating to the January 6 insurrection must be turned over to Congress and refused to block his tax records from being released to Congress and the State of NY. We can only hope that his minions who have been refusing to comply with subpoenas, latching on to the orange guy’s executive privilege claim as though it somehow pertains to them as well, will be encouraged by the Supreme Court ruling to start cooperating with the select committee if for no other reason than to save their own skin.
my prediction says
[all of what you are about to read is my own opinion, keep that in mind]
January 6 was a beautiful thing [pursed lips (sort of like a very odd fish), hands moving horizontally in and out repeatedly] .. and the people there were probably very good people [pursed lips (sort of like a very odd fish), hands moving horizontally in and out repeatedly] .. and Puny-tin will probably invade ukraine.. since he’s buds with agent fish lips, who is undermining the current admin through his socialist monarchy (king dump) dictatorship channels – not 4chan no more – but you know (close) – signal, “freedom” fony, etc. Mansion and Cinema holdouts, fully purchased by the party of… [pursed lips (sort of like a very odd fish), hands moving horizontally in and out repeatedly]. That’s my take, could be TOTALLY wrong, but it’s my opinion – but sure makes sense though. It’s wheels are in play, all to support the [pursed lips (sort of like a fishy sort of guy), hands moving horizontally in and out repeatedly]. Sad.But I called it. Agent fish lips all again – beginning of the end. Meanwhile, King Honorable Little Big Man over there, the one King Dump made it a point to visit in his first few months of office, just fired an ICBM, once again. Y’all need to learn how to purse ya lips like a fishy fish!
Bill C says
I agree! I’ve noticed his fish lips too, probably because he’s holding in dentures so they won’t fall out while he’s talking, fake like all the rest of him. Rip-off smile…
Sherry says
Nothing to see here. . . Really? The only President to be “IMPEACHED TWICE” for essentially corruption/bribery/treason. trump “may” never go to prison, but that doesn’t mean he isn’t a criminal.. . . and the absolute worst president ever!
The dude says
What you pearl clutchers fail to understand about the orange stain is the simple fact that subpoenas, indictments, criminal charges… these all enhance his appeal to the trumptards out there.
These are all features, not bugs.
There’s literally nothing, NOTHING in any of those papers or communications that would dissuade the rubes and dullards from fanboying over the repulsive, orange hued, and tiny handed, lump of a man… NOTHING.
A.j says
Well Trump your Conservative Supreme Court gave you a small defeat. If I hsve my facts right tha Court said the election of 2020 was fair. Now the papers of the Jan. 6th 2020 should be reviewed. You know the Trump and his followers trying to take the capitol because he said the election was stole from him. I would to GOD I will see Trump cuffed and taken to prison for life. His family except his baby son, and all of his nonthinking Repubs in his office. Look at the color of most of the riotors, just saying.