Former President Trump will face off in the D.C Circuit Court of Appeals with the January 6th Commission on Tuesday.

Context: The January 6th panel is requesting extensive internal White House records from Trump’s presidency.

Former President Trump is taking them to court to argue that executive privilege protects the records.

Why this is important: The case could affect the ability of Congress to provide oversight of the executive branch.

However, Trump is arguing that if this is not protected by executive privilege every Congress will point to something “unprecedented” to justify a request for presidential records.

What they are saying:

Trump’s team: “In these hyper-partisan times, Congress will increasingly and inevitably use this new weapon to perpetually harass its political rival.” 

The Select Committee’s Legal Team: “Delay itself would inflict a serious constitutional injury on the Select Committee by interfering with its legislative duty. The Select Committee needs the documents now because they will shape the direction of the investigation. For example, the documents could inform which witnesses to depose and what questions to ask them, as well as whether further subpoenas should be issued to others.” 

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