Trump's "Executive Privilege" Lawsuit in Danger of Being Dismissed!
Former President Trump's legal action to keep his former employees and documents out of the hands of the House Insurrection Committee, claiming he still has "executive privileges," dimmed dramatically on Tuesday when the Federal Judge assigned to the case was announced.
On Monday, Trump pulled out all the stops to block the House January 6 Committee from accessing all of his records and subpoenaing witnesses who may have knowledge of his activities on that day and those before it.
Many legal experts and political observers believe that the lawsuit intended to block the subpoenas of the January 6th House Committee investigating the insurrection. It was filed solely to slow down the legal process. The lawsuit is shallow, weak, and crippled by ridiculous claims like calling the investigation an "illegal fishing expedition."
The investigation is legal, and President Biden's rejection of Mr. Trump's assertion of executive privilege for the documents requested by the committee and for testimony from those with knowledge of Trump's actions in the days and weeks leading up to the January 6 insurgency may result in the lawsuit being dismissed because Trump no longer has standing as a former President to prevent the current White House administration from providing the House panel access to federal documents.
Richard Nixon attempted the same legal maneuver and lost in the weeks before his August 8, 1974 resignation. Which gives the federal court in which Trump's case has been filed - historical precedence for either issuing a summary judgment against Trump's lawsuit or just dismissing it outright - based on Trump no longer having standing.
Lofgren On Trump January 6 Lawsuit: Nixon Tried To Make Same Case And Lost
According to many legal experts, the naming of US District Judge Tanya Chutkan on Tuesday as the jurist randomly assigned to hear Trump's case won't help Trump's case. She has shown little patience with January 6 insurrections appearing before her.
Chutkan was nominated by President Obama and won Senate confirmation with over 90 votes. She has a reputation as a talented and well-informed Jurist that maintains an iron-fisted control of proceedings in her court. In this case, Trump's lawyer Jesse R. Binnall could find that any nonsense he brings up in court will be quickly shut down.
Remember that Jesse R. Binnall is one of his failed "Stop the Steal" lawyers that got his head handed to him in his suit to overturn the 2020 election in Nevada. Binnall has earned a reputation as a liar after testifying before the Senate Homeland Security Committee in December, claiming that 42,000 people voted more than once during Nevada's 2020 election—a claim since debunked by fact-checkers. Suppose Binnall tries this same feckless stratgey with Judge Chutkan. In that case, Trump could see his attempt to slow down the discovery underway by the January 6th House Committee decimated.
Earlier this month, Chutkan described the Trump supporters, in a separate case, who stormed the Capitol in January as a "violent mob seeking to overthrow the lawfully elected government." Chutkan added that the crowd posed a "genuine danger" to democracy.
The Judge's comments came during her sentencing of Matthew Mazzocco, who pleaded guilty to illegally demonstrating in the Capitol. Chutkan sentenced Mazzocco to 45 days in jail, marking the first time a Capitol-riot participant had been sent to jail without prosecutors asking.
The prosecution had asked for home confinement. But, The Washington Post reported, Chutkan said, "There have to be consequences for participating in an attempted violent overthrow of the government beyond sitting at home."
Chutkan has also handed down sentences of at least 14 days to other participants in the insurrection.
The case filed by Trump, which Chutkan is set to hear, represents a significant point in the congressional committee's attempts to obtain extensive information about the Capitol riot held by the National Archives.
Chutkan will likely allow 10 days for both parties to file briefs arguing the case. Still, she could rule quickly by throwing the case out, citing Trump's lack of standing to file to protect an executive privilege that he no longer has and which now belongs to President Trump. This could lead to higher courts rejecting any appeals expeditiously.
At the core of this lawsuit is not only the question as to whether Trump has any executive privileges as a former president but also can he invoke any executive privileges he might have - to cover up possible crimes. That has already been decided in prior court decisions.
Why Trump's Frivolous Executive Privilege Lawsuit Will Fail AND Why It Won't Help Steve Bannon