Editor’s Note: Since this article was published the appeals court has sided with former President Trump.

A three-judge panel for the D.C. Circuit Court of Appeals issued a temporary injunction that blocks the National Archives from handing over records from the Trump administration.

The panel also scheduled oral arguments for Trump’s appeal for Nov. 30.

President Trump via Gage Skidmore Flickr

Former President Trump is asking a federal appeals court to issue a temporary halt on the release of records from the National Archives to the House January 6 Select Committee.

Background: Trump’s legal team appealed after U.S. District Judge Tanya Chutkan rejected the former president’s lawsuit which sought to block the Biden administration from complying with the records request from the House panel.

Former President Trump initially argued executive privilege would bar the National Archives from handing over the records. However, Judge Chutkan said that Trump’s claim was outweighed by the fact the sitting president and legislative branch were agreed on handing over the documents.


“The legislative and executive branches believe the balance of equities and public interest are well served by the Select Committee’s inquiry,” Chutkan wrote. “The court will not second guess the two branches of government that have historically negotiated their own solutions to congressional requests for presidential documents.”

What happened: After Judge Chutkan’s Tuesday ruling the Trump legal team filed for an emergency stay on the Friday, Nov. 12th deadline for the National Archives to begin handing over the documents. Trump’s legal team filed an emergency motion with the D.C. Circuit Court of Appeals to temporarily halt the record’s release while Trump’s legal challenge plays out.

“If no administrative injunction issues from this Court, then the records at issue will be produced on November 12, at 6:00 p.m,” the filing reads. “Put simply, this motion seeks only a brief pause in the production; it will not prejudice the other arguments or requests to be made by the parties in this important appeal.”

What Happens Next: Neither the Justice Department nor the House committee are opposing the request for the temporary stay. If the circuit court agrees to the Trump team’s request the deadline will be delayed temporarily while Trump asks for a longer stay to take hold during the appeals process.

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