The Daily Fuckup

On Oct. 8, 2021, the Biden White House declined to assert executive privilege over the first set of Trump White House records requested by the House committee investigating the Jan. 6 attack on the Capitol. The decision mattered because it meant the sitting president would not back Donald Trump’s effort to keep the records from Congress, clearing the way for the National Archives to continue its review and notification process. citeturn0search0turn0search1

The records at issue were part of a broader request aimed at reconstructing what happened inside and around the White House before, during and after the attack. Under the Presidential Records Act framework and Executive Order 13489, the Archivist was handling the process for reviewing the documents, while White House counsel was providing the administration’s position on whether a privilege claim should be upheld. citeturn0search0turn0search1

The White House’s decision did not settle the dispute. Trump could still press his objection in court and through the archives process, but the refusal to join his claim stripped away a significant layer of executive-branch support. For the committee, that made access easier to defend, even if the records were not yet guaranteed to be turned over. citeturn0search0turn0search1turn0search2