Trump lawsuit likely to be rejected by courts, experts say

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Courts may dismiss the suit filed Monday in hopes of halting the House of Representatives’ investigation into the January 6 Capitol uprising.

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Legal experts and a member of the House told the Select Committee on 6 January Granthshala A lawsuit is more of a public relations document than a legal one.

Mr Trump filed suit on Monday against Representative Benny Thompson – the Mississippi Democrat who led the select committee to investigate the January 6 attack on the Capitol – as well as the committee, the National Archives and Records Administration, and the United States Archives. David Ferriero, hoping to block the committee from obtaining White House records that might detail what Mr Trump and his advisers were doing before and during the pro-Trump mob attack on the Capitol.


Among other things, the lawsuit calls for declaring the Presidential Records Act—the post-Watergate law that governs the creation, processing, and storage of White House records during and after the president’s term—unconstitutional. Mr Trump is being represented by Jesse Binnell, a Virginia lawyer who unsuccessfully tried to help him reverse Nevada’s 2020 election results.

In a statement, Trump spokeswoman Taylor Budovich said Mr Trump sued “in defense of the Constitution, the office of the president, and the future of our country, all of which the fake unelected committee is trying to destroy”. He said the committee’s efforts were “a communist-style attempt to silence and destroy America’s first patriots through this hyper-partisan and illegitimate investigation”.

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Bradley Moss, a Washington, DC-based litigant, was blunt in his assessment of the legal merits of the lawsuit.

“I wrote better arguments in law school,” he said in a text message Granthshala.

Asked to explain further, Mr. Moss called the document “a broad public relations request designed to raise fundraising more than anything else”, and said “most of the commentary in the document is simply unnecessary or irrelevant, and it is not is how most litigants frame lawsuits”.

“Facts are one thing: Endless legal commentary is another and this lawsuit is overflowing with it,” he said.

Norm Eisen, who was a House Judiciary Committee attorney during Mr Trump’s first impeachment, called Mr Trump’s trial a “desperate gamble” that is “doomed to fail”.

“It suffers from a central flaw from the first page to the last, which is that it’s constant reference to ‘President’ forgets that the person’s name is now Joe Biden, not Donald Trump,” he said. .

“So it is Joe Biden who determines whether executive privilege applies, not Donald Trump, and therefore, the whole premise of the lawsuit that there is an executive privilege to be protected here fails. And the powers that are in the lawsuit.” Arguments have been made, their separation applies to Joe Biden, the current president to whom this constitutional principle is relevant, period,” he continued. “Donald Trump is a former president who has had input about these documents. has limited powers to give, he has been outright acquitted and dismissed by the Biden administration”.

And Representative Jamie Ruskin of Maryland – a former constitutional law professor and member of the January 6 select committee – said Mr Trump’s demand that the court overturn the Presidential Records Act “demonstrates his awareness that he cannot hold presidential records.” lose under the Act”.

“It’s unconstitutional to attack the law, because he loses under the law. It’s not up to him. It’s up to the president. And he just has no argument,” Mr. Ruskin said. Granthshala When on the phone late Monday evening.

“He’s essentially saying: ‘I want to try to keep this criminal conspiracy a secret, because it was within the realm of presidential secrets,'” Mr. Ruskin continued.

“But in any event, under the Constitution… the role of the President is to see that the laws are followed faithfully. Violent rebellion is the opposite,” he said. “Trump is essentially insisting that he has the constitutional right to overthrow the government, and then to keep all his plans to do so a secret if that fails.”


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