US Capitol attack

Biden will avoid blocking requests for Trump records in Capitol attack probe

Reuters
Biden will avoid blocking requests for Trump records in Capitol attack probe

CAPITOL ATTACK. Police release tear gas into a crowd of pro-Trump protesters during clashes at a rally to contest the certification of the 2020 US presidential election results by the US Congress, at the Capitol Building in Washington, DC, on January 6, 2021.

Shannon Stapleton/Reuters

An administration official says questions of executive privilege would be evaluated on 'a case-by-case basis'

United States President Joe Biden’s administration will work to avoid blocking requests for former President Donald Trump’s records in an investigation into the deadly January 6 attack on the US Capitol, the White House said on Friday, September 24.

“The president has already concluded that it would not be appropriate to assert executive privilege,” said White House press secretary Jen Psaki. “And so, we will respond promptly to these questions as they arise.”

Psaki said requests from the US House of Representatives Select Committee investigating the Capitol attack would be reviewed with “an eye to not asserting executive privilege,” a legal principle that allows the president to shield some confidential information.

An administration official later said questions of executive privilege would be evaluated on “a case-by-case basis, as Jen noted.”

A mob of Trump supporters stormed the Capitol on January 6 as Congress was meeting to certify Democrat Biden’s election victory, delaying that process for several hours as then-Vice President Mike Pence, members of Congress, staff and journalists fled from rioters.

The House committee has subpoenaed four members of Trump’s administration, including Mark Meadows and Steve Bannon, the panel’s chairman said on Thursday.

Trump said he would fight the subpoenas and records request using executive privilege and other grounds. A spokesman for the Republican ex-president said on Friday the committee has put forth an overly broad request for records that lacks legal precedent.

“Executive privilege will be defended,” said Taylor Budowich, a spokesperson for Trump’s Save America political action committee.

Executive privilege allows the White House to refuse demands for records such as congressional subpoenas. The legal principle is rooted in the idea that some privacy should be given to presidential advisers so they can have candid discussions. 

Rappler.com