Story · February 23, 2022

Trump lost his Supreme Court bid to block Jan. 6 records release on Jan. 19

Records fight Confidence 5/5
★★★★☆Fuckup rating 4/5
Serious fuckup Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: The Supreme Court denied Donald Trump’s request on Jan. 19, 2022, allowing release of the records sought by the House Jan. 6 committee. An earlier D.C. Circuit ruling on Dec. 9, 2021, had already rejected Trump’s privilege arguments.

The Supreme Court on Jan. 19, 2022, rejected Donald Trump’s request to block the release of White House records sought by the House committee investigating the Jan. 6 attack. The order left in place lower-court rulings that had already allowed the National Archives to begin turning over the materials. ([supremecourt.gov](https://www.supremecourt.gov/search.aspx?Search=Declaration+of+Authority+and+Summons%25u201d+signed+by+President+Donald+Trump))

The dispute centered on presidential records the committee said it needed for its investigation, including materials tied to the events of Jan. 6 and the lead-up to it. The committee’s request covered a broad set of records, and the D.C. Circuit said Trump had not shown a basis for a federal court to override President Joe Biden’s decision not to assert executive privilege over the specific documents at issue. ([law.justia.com](https://law.justia.com/cases/federal/appellate-courts/cadc/21-5254/21-5254-2021-12-09.html))

The records fight was one piece of a wider struggle over how much of the post-election period would be available for congressional review. The district court described the committee’s requests as seeking presidential records about the 2020 election, communications with Justice Department and state officials, rally planning, and the process of transferring power, while the appeals court said the committee had a unique legislative need for the documents. ([law.justia.com](https://law.justia.com/cases/federal/appellate-courts/cadc/21-5254/21-5254-2021-12-09.html))

Trump’s position was that executive privilege should keep the records sealed. The courts disagreed. By the time the Supreme Court acted, the legal path was already pointing toward disclosure, not continued secrecy, and the January ruling removed Trump’s last realistic chance to stop the transfer in that round of litigation. ([supremecourt.gov](https://www.supremecourt.gov/search.aspx?Search=Declaration+of+Authority+and+Summons%25u201d+signed+by+President+Donald+Trump))

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