SCOTUS Denies Trump’s Demand To Withhold Docs From Jan 6th Committee
DONALD J. TRUMP, FORMER PRESIDENT OF THE UNITED STATES v. BENNIE G. THOMPSON, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE UNITED STATES HOUSE SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE UNITED STATES CAPITOL, ET AL
The application for stay of mandate and injunction pending review presented to THE CHIEF JUSTICE and by him re-ferred to the Court is denied.
“To be clear, to say that a former President can invoke the privilege for Presidential communications that occurred during his Presidency does not mean that the privilege is absolute or cannot be overcome. The tests set forth in Nixon, 418 U. S., at 713, and Senate Select Committee on Presidential Campaign Activities v. Nixon, 498 F. 2d 725, 731 (CADC 1974) (en banc), may apply to a former President’s privilege claim as they do to a current President’s privilege claim. Moreover, it could be argued that the strength of a privilege claim should diminish to some extentas the years pass after a former President’s term in office. In all events, the Nixon and Senate Select Committee tests ould provide substantial protection for Presidential communications, while still requiring disclosure in certain circumstances.
The Court of Appeals concluded that the privilege claimat issue here would not succeed even under the Nixon and Senate Select Committee tests. Therefore, as this Court’s order today makes clear, the Court of Appeals’ broader statements questioning whether a former President may successfully invoke the Presidential communications privilege if the current President does not support the claim were dicta and should not be considered binding precedent going forward.”
This is going to get interesting now.