The Daily Fuckup

A federal appeals court ruled on Dec. 9, 2021, that Donald Trump could not stop the release of White House records sought by the House committee investigating the Jan. 6 attack. The panel said Trump had not shown a basis to override President Biden’s decision not to assert executive privilege over the materials, and it denied the injunction Trump wanted. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2021/12/21-5254-1926128.pdf))

The case was about who had the stronger claim to control the records after Trump left office. Biden’s counsel told the Archivist that asserting privilege over the requested documents was not warranted, given the committee’s need to examine what happened around Jan. 6 and the effort to obstruct the transfer of power. The appeals court said that judgment deserved deference and that Trump had not shown a sufficient reason for a court to block disclosure. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2021/12/21-5254-1926128.pdf))

That ruling did not end the fight. Trump moved quickly for emergency relief at the Supreme Court after losing in the D.C. Circuit, so the records issue remained tied up in higher-court review even after the appeals court decision. The practical effect of the panel’s ruling was to clear the way for disclosure unless a higher court intervened. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2021/12/21-5254-1926128.pdf))

The committee wanted the records because they could help reconstruct how the White House handled the period before, during and after the assault on the Capitol. The appeals court described the documents as directly relevant to Congress’s inquiry and said the House had a uniquely vital interest in studying the attack on itself and its constitutional duties. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2021/12/21-5254-1926128.pdf))

The bottom line on Dec. 9 was simple: Trump lost the first court fight over the records, but the documents were not automatically public and the dispute kept moving through emergency review. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2021/12/21-5254-1926128.pdf))