US judge rules January 6 committee CAN access Trump’s White House files from the Capitol riot – rejecting his claim of executive privilege
- Judge on Tuesday ruled House committee can access some Trump records
- Trump had argued executive privilege protected the White House documents
- Committee is investigating Trump’s role in fomenting the January 6 riot
- Panel also issued 10 new subpoenas on Tuesday for former White House officials
A U.S. federal judge in DC has ruled that a congressional committee investigating the deadly January 6 attack on the U.S. Capitol can access some of former President Donald Trump’s White House records.
U.S. District Judge Tanya Chutkan on Tuesday rejected an argument by Trump’s lawyers that telephone records, visitor logs and other White House documents should be withheld from the House select committee.
Trump had argued that the materials requested by the House of Representatives panel were covered by a legal doctrine known as executive privilege that protects the confidentiality of some White House communications.
He requested an injunction blocking the National Archives, a federal agency that holds his White House records, from complying with the committee’s document requests.
A U.S. federal judge has ruled that a congressional committee investigating the deadly January 6 attack on the U.S. Capitol can access some of Trump’s White House records
Members of the House select committee investigating the January 6 attack are seen last month. The panel is investigating Trump’s alleged role in fomenting the attack
The committee has said it needs the requested materials to understand the role Trump may have played in fomenting the riot.
Judge Tanya Chutkan rejected Trump’s claim of executive privilege
Trump gave an incendiary speech before the assault on the Capitol, repeating his false claims that the November 2020 election was stolen from him through widespread voting fraud and urging his supporters to go to the Capitol and ‘fight like hell’ to ‘stop the steal.’
His supporters stormed the Capitol in a failed bid to prevent Congress from certifying now-President Joe Biden’s election victory. Biden, a Democrat, took office on January 20.
About 700 people face criminal charges stemming from the riot.
Also on Tuesday, the House committee issued 10 new subpoenas on Tuesday that included former White House press secretary Kayleigh McEnany and Trump senior adviser Stephen Miller.
‘The Select Committee wants to learn every detail of what went on in the White House on January 6th and in the days beforehand. We need to know precisely what role the former President and his aides played in efforts to stop the counting of the electoral votes and if they were in touch with anyone outside the White House attempting to overturn the outcome of the election,’ Chairman Bennie Thompson wrote announcing the fresh subpoenas.
A mob of supporters of U.S. President Donald Trump fight with members of law enforcement at a door they broke open as they storm the U.S. Capitol Building on January 6
Tear gas is released into a crowd of protesters, with one wielding a Confederate battle flag that reads ‘Come and Take It,’ during clashes with Capitol police on January 6
He said the 10 witnesses in the announcement had ‘relevant information’ to aid the Congressional investigation.
McEnany is a person of interest because she pushed false election fraud claims from the White House podium and was with the former president for parts of January 6, the select committee said.
The committee said it’s interested in hearing from Miller because he ‘by his own account participated in efforts to spread false information about alleged voter fraud in the November 2020 election.’
Miller also encouraged Republican state legislators to alter their states’ election results by appointing alternate slates of electors to the Electoral College.
And Miller was with Trump when he spoke at the ‘Stop the Steal’ rally, the morning of January 6.
Beyond the household names of Miller and McEnany, the committee also wants to hear from Nicholas Luna, former President Donald Trump’s personal assistant, Molly Michael, the Oval Office Operations Coordinator, as well as Ben Williamson, who worked under White House Chief of Staff Mark Meadows.
The select committee said Williamson was reportedly contacted by a former White House official during the attack who urged him and Meadows to encourage Trump to issue a statement condemning the violence – which the president did not.
The committee also subpoenaed Christopher Liddell, who reportedly tried to resign over January 6, but stayed on ‘after a great deal of persuasion.’
The January 6 House select committee issued 10 new subpoenas on Tuesday including for former White House press secretary Kayleigh McEnany (left) and former President Donald Trump’s senior adviser Stephen Miller (right)
Former White House press secretary Kayleigh McEnany (left) stands in the White House driveway alongside former President Donald Trump (right) in September 2020
Stephen Miller, a senior adviser to the former president, has been subpoenaed over the fact that he encouraged Republican state legislators to alter their states’ election results by appointing alternate slates of electors to the Electoral College
Jan 6 committee’s new Trump targets: Democrats subpoena new list of aides working in the White House on January 6
Nicholas Luna: Trump’s personal assistant who was reportedly in the Oval Office on the morning of January 6.
Molly Michael: Trump personal assistant who was also in the Oval Office that morning, according to reports.
Ben Williamson: Deputy Assistant to the President and Senior Advisor to Chief of Staff Mark Meadows who urged Trump to issue a statement condemning the violence.
Christopher Liddell: Deputy Chief of Staff who considered resigning on January 6, but stayed on after a ‘great deal of persuasion’.
John McEntee: Trump’s White House Personnel Director, was reportedly present in the Oval Office when Rudolph Giuliani, Justin Clark, the former President, and former Vice President Pence discussed the audit process in Georgia
Keith Kellogg: Vice President Pence’s National Security Advisor, who reportedly took part in January meeting with Trump and Pat Cipollone urging Pence not to certify the election results.
Kayleigh McEnany: Trump’s White House Press Secretary, made multiple public statements from the White House and elsewhere about purported fraud in the November 2020 election, according to the committee.
Stephen Miller: Trump Senior Advisor the committee claims ‘participated in efforts to spread false information about alleged voter fraud’.
Cassidy Hutchinson: Special Assistant to the President for Legislative Affairs, reportedly was at the White House on January 6th and was with the former President when he spoke at the ‘Stop the Steal’ rally
Kenneth Klukowski: Former Senior Counsel to Assistant Attorney General Jeffrey Clark, was involved in drafting a letter that urged legislatures in certain states to delay certification of the election, according to a congressional report.
Personnel Director John McEntee’s testimony is also wanted by the committee.
Lawmakers believe McEntee was privy to an Oval Office meeting in which Rudy Giuliani suggested seizing Dominion voting machine in a move to prove there was election fraud.
‘McEntee was also reportedly involved in communications with officials in various federal agencies regarding loyalty to President Trump and specifically discouraged a number of individuals from seeking employment after the election as it would appear to be a concession of President Trump’s defeat,’ the release from the January 6 select committee said.
Congressional investigators also had Keith Kellogg, who served as Vice President Pence’s National Security Advisor, on their list.
Kellogg was reportedly in a meeting where Trump pushed Pence not to certify the election on January 6.
Other subpoenas went to Cassidy Hutchinson, who served as Special Assistant to the President for Legislative Affairs, and Kenneth Klukowski, former Senior Counsel to Assistant Attorney General Jeffrey Clark.
Trump sent out a statement shortly after the subpoena announcement, grumbling about the committee.
‘The Unselect Committee of politically ambitious hacks continues to subpoena people wanting to know about those protesting, on January 6th, the insurrection which took place during the Presidential Election of November 3rd,’ Trump said.
He has been saying that the real ‘insurrection’ was the November 3 election, as he continues to peddle the so-called ‘big lie.’
‘There is so much proof, but the Fake News Media refuses to print it or show it in any way, shape, or form,’ Trump continued. ‘Just read the findings of the Arizona report, or look at what’s happening in Wisconsin, Pennsylvania, Georgia, and numerous other States.’
‘That’s right, the Committee is studying the PROTEST when it should be studying the Fraudulent Election that led to the protest,’ the ex-president added. ‘As the LameStream Media knows, the facts are there for all to see!’
Late on Monday Trump suffered another legal setback in his effort to keep documents from the final weeks of his term away from the House committee investigating Jan. 6th.
Trump’s legal team wanted federal district court judge Tanya Chutkan, who is overseeing the case, to issue a ‘stay’ of her decision on the matter – even though the judge had not yet ruled.
Trump has sued the National Archives, and is asserting executive privilege in an effort to keep the government from handing over logs, documents, and other information that the House Select Committee on Jan. 6th is seeking.
The White House is not claiming such a privilege on behalf of President Joe Biden.
Personnel Director John McEntee’s testimony is also wanted by the committee. Lawmakers believe McEntee was privy to an Oval Office meeting in which Rudy Giuliani suggested seizing Dominion voting machine in a move to prove there was election fraud
Lawyers for former President Donald Trump are trying to keep the National Archives from handing over White House documents to a the House select committee on Jan. 6th
A decision could come within days – and the Archives plans to hand over the information by the close of business Friday if a court doesn’t intervene.
Trump lawyer Jesse Binnall sought an administrative ‘stay’ – and fears the former president will get boxed in by the calendar. He indicated that if the judge didn’t rule by Wednesday, Trump would seek to appeal – even though a ruling would not yet have been issued.
Veterans’ Day is Thursday, leaving the potential Trump would not have time to appeal after a late ruling.
‘This case should be decided after thorough but expeditious consideration pursuant to America’s judicial review process, both before this Court and on appeal, not by a race against the clock. Afterall, this is not a game, especially given the weighty questions at issue,’ Binnall wrote, Politico reported.
The judge, an Obama appointee, said she would rule expeditiously, but cited federal judicial rules that allow for a stay only ‘while an appeal is pending’ – but not before.
The legal skirmish, which all took place within a span of two hours Monday, came at the end of a day where the Jan. 6th Committee issued new subpoenas.
The panel subpoenaed former Trump aide Jason Miller, former campaign manager William Stepien, pardoned former national security advisor Michael Flynn, Angela McCallum, Trump lawyer John Eastman and former New York City Police Commissioenr Bernard Kerik.
The National Archives plan to provide the documents Friday unless ordered not to by a court
‘These six individuals include staff members of the former President’s campaign and individuals associated with the so-called ‘war room’ that drove efforts to halt the counting of electoral votes in the run-up to the violence of January 6th,’ the committee wrote in announcing the subpoenas.
‘In the days before the January 6th attack, the former President’s closest allies and advisors drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes,’ wrote panel chair Rep. Bennie Thompson of Mississippi.
He added: ‘The Select Committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot, and who paid for it all.’
The Trump team appeared to be anticipating an adverse ruling. Judge Chutkan in a hearing last week sounded skeptical when Trump’s lawyers argued the House committee lacked jurisdiction requiring it to obtain documents related to Jan. 6th.
‘The Jan. 6 riot happened in the Capitol. That is literally Congress´ house,’ Judge Chutkan said.
Trump aides called to testify to House over the Capitol Riot and bid to overturn the election: List of subpoenas and the committee’s reason behind them
Mark Meadows: While serving as White House Chief of Staff, Meadows reportedly communicated with officials at the state level and in the Department of Justice as part of an effort to overturn the results of the 2020 election or prevent the election’s certification.
Daniel Scavino: White House Deputy Chief of Staff for Communications Scavino was with the former President on January 5th during a discussion of how to convince Members of Congress not to certify the election for Joe Biden. Prior to the January 6th March for Trump, Mr. Scavino promoted the event on Twitter, encouraging people to ‘be a part of history.’ And records indicate that Mr. Scavino was tweeting messages from the White House on January 6, 2021
Kashyap Patel: Patel was serving as chief of staff to Acting Secretary of Defense Christopher Miller. The former President had appointed Mr. Patel to this position on November 10, the day after then-Secretary of Defense Mark Esper was replaced.
Stephen Bannon: Bannon reportedly communicated with former President Trump on December 30th, 2020, urging him to focus his efforts on January 6th. Mr. Bannon also reportedly attended a gathering at the Willard Hotel on January 5th, 2021, as part of an effort to persuade Members of Congress to block the certification of the election the next day. He is also quoted as saying on January 5 that ‘all Hell is going to break lose tomorrow’.
Nicholas Luna: Luna, who served as the former President’s personal assistant, was reportedly in the Oval Office the morning of January 6th, 2021, when the former President was on a phone call to Vice President Pence pressuring him not to certify the results of the 2020 presidential election
Molly Michael: Michael served as Special Assistant to the President and Oval Office Operations Coordinator, was involved in sending information about alleged election fraud to various individuals at the direction of President Trump, according to information obtained by the Select Committee.
Benjamin Williamson: While serving as Deputy Assistant to the President and Senior Advisor to Chief of Staff Mark Meadows, Willliamson was reportedly contacted by a former White House official during the attack on the U.S. Capitol who urged him and Mr. Meadows, without success, to have the former President issue a statement addressing the attack and condemning the violence.
Christopher Liddell: Former White House Deputy Chief of Staff, was in the White House on January 6th and reportedly considered resigning on that day but stayed on ‘after a great deal of persuasion.’
John McEntee: The former White House Personnel Director, was reportedly present in the Oval Office when Rudolph Giuliani, Justin Clark, the former President, and former Vice President Pence discussed the audit process in Georgia and listened as Mr. Giuliani suggested seizing Dominion voting machines because of alleged fraud. Mr. McEntee was also reportedly involved in communications with officials in various federal agencies regarding loyalty to President Trump and specifically discouraged a number of individuals from seeking employment after the election as it would appear to be a concession of President Trump’s defeat. In addition, according to reports, Mr. McEntee was in the White House on January 6th and was with former President Trump when he traveled to the Ellipse and spoke at the ‘Stop the Steal’ rally
Keith Kellogg: Vice President Pence’s National Security Advisor who reportedly participated in at least one January 2021 meeting with the former President and Pat Cipollone during which the former President insisted that former Vice President Pence not certify the election. He was reportedly in the White House with the former President as he watched the January 6th attack unfold and has direct information about the former President’s statements about and reaction to the insurrection. During that day, it is reported that Lt. Gen. Kellogg met with the former President and others before the rally at the Ellipse and then, after the rally, he urged the former President to send out a tweet to his supporters at the U.S. Capitol to help control the crowd.
Kayleigh McEnany: Former White House Press Secretary, who allegedly made multiple public statements from the White House and elsewhere about purported fraud in the November 2020 election. For example, in the first White House press conference after the election, Ms. McEnany claimed that there were ‘very real claims’ of fraud that the former President’s reelection campaign was pursuing, and said that mail-in voting was something that ‘we have identified as being particularly prone to fraud.’ At another press conference, Ms. McEnany accused Democrats of ‘welcoming fraud’ and ‘welcoming illegal voting.’ In addition, Ms. McEnany was reportedly present at times with the former President as he watched the January 6th attack
Stephen Miller: Senior Advisor to the former President who, by his own account participated in efforts to spread false information about alleged voter fraud in the November 2020 election, as well as efforts to encourage state legislatures to alter the outcome of the November 2020 election by appointing alternate slates of electors.
Cassidy Hutchinson: Special Assistant to the President for Legislative Affairs, who reportedly was at the White House on January 6th and was with the former President when he spoke at the ‘Stop the Steal’ rally that day. She also reportedly reached out directly via email and phone to Georgia Deputy Secretary of State Jordan Fuchs relating to a trip to Georgia by White House Chief of Staff Mark Meadows to attend an election audit.
Kenneth Klukowski: The former Senior Counsel to Assistant Attorney General Jeffrey Clark, was involved in drafting a letter that urged legislatures in certain states to delay certification of the election, according to the report recently released by the Senate Committee on the Judiciary. The report also states that Mr. Clark contacted Mr. Klukowski to prepare for an Oval Office meeting with the former President that took place on January 3rd, 2021.
William ‘Bill’ Stepien: He served as manager of the Trump 2020 reelection campaign. The campaign reportedly urged state and party officials to affect the outcome of the November 2020 election by asking states to delay or deny certification of electoral votes and by sending multiple slate of electoral votes to the United States Congress.
Jason Miller: According to the committee, the Senior Advisor to Trump’s 2020 reelection campaign, spread the false claim that the November 2020 had been tainted by widespread fraud. Even before the election, Mr. Miller publicly claimed that Democrats would ‘steal’ the election, a message that individuals who attacked the U.S. Capitol echoed on January 6th. After the election, Mr. Miller coordinated with Mr. Trump and Rudolph Giuliani, and claimed in public press events that the election was rigged. Additionally, according to public reports, Mr. Miller participated in a meeting on January 5th, 2021 at the Willard Hotel in Washington, D.C., in which Mr. Giuliani, Stephen Bannon, and others discussed options for overturning the results of the November 2020 election by, among other things, pressuring Vice President Pence to not certify the electoral college results.
Angela McCallum: National executive assistant to Trump’s 2020 re-election campaign, who reportedly participated in efforts to spread false information about alleged voter fraud in the November 2020 election and to encourage state legislatures to alter the outcome of the November 2020 election. Specifically, there is a publicly available recording of a voicemail that Ms. McCallum reportedly left for an unknown Michigan state representative. In the recording, Ms. McCallum wanted to know whether the Trump campaign could ‘count on’ the representative and said that the individual had the authority to appoint an alternate slate of electors based on purported evidence of widespread election fraud
John Eastman: Attorney who reportedly advised President Trump and others that Vice President Pence could reject electors from certain states in order to deny Joe Biden a majority of the Electoral College vote. In the days before January 6th, Mr. Eastman is reported to have participated in a briefing for nearly 300 state legislators regarding purported election fraud, during which he told the group that it was ‘the duty of the[] legislatures to fix this, this egregious conduct, and make sure that we’re not putting in the White House some guy that didn’t get elected.’ Mr. Eastman reportedly participated in the January 5th, 2021 meeting at the Willard Hotel in Washington, D.C. and he spok
Michael Flynn: Former national security advisor who reportedly attended a December 18th, 2020 meeting in the Oval Office during which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers, and continuing to spread the false message that the November 2020 election had been tainted by widespread fraud. The day before, Flynn gave an interview on Newsmax TV during which he talked about seizing voting machines, foreign influence in the election, and the purported precedent for deploying military troops and declaring martial law to ‘rerun’ the election.
Bernard Kerik: Former NYPD Commissioner who reportedly participated in the January 5th, 2021 meeting at the Willard Hotel in Washington, D.C. Mr. Kerik reportedly paid for rooms and suites in Washington, D.C. hotels that served as election-related command centers, and also worked with Mr. Rudolph Giuliani to investigate allegations of voter fraud and promote baseless litigation and ‘Stop the Steal’ efforts
Jeffrey Clark: Former DOJ lawyer who was reportedly involved in efforts to overturn the 2020 presidential election and interrupt the peaceful transfer of power. The subpoena seeks deposition testimony and records from Mr. Clark as part of the Select Committee’s investigation into the events of January 6th and the causes of that day’s violence
Ali Alexander: Submitted permits for ‘Stop the Steal’ rally
Nathan Martin: Submitted permits for ‘Stop the Steal’ rally
Stop the Steal, LLC
Amy Kremer: Founder and Chair of Women for America First.
Kylie Kremer: Founder and Executive Director of WFAF.
Cynthia Chafian: Submitted the first permit application on behalf of WFAF for the January 6th rally, and founder of the Eighty Percent Coalition.
Caroline Wren: Listed on permit paperwork for the January 6th rally as ‘VIP Advisor.’
Maggie Mulvaney: Wife of chief of staff Mick Mulvaney who was listed on permit paperwork for the January 6th rally as ‘VIP Lead.’
Justin Caporale, of Event Strategies, Inc., listed on permit paperwork for the January 6th rally as ‘Project Manager.’
Tim Unes, of Event Strategies, Inc., listed on permit paperwork for the January 6th rally as ‘Stage Manager.’
Megan Powers, of MPowers Consulting LLC, listed on permit paperwork for the January 6th rally as ‘Operations Manager for Scheduling and Guidance.’
Hannah Salem, of Salem Strategies LLC, listed on permit paperwork for the January 6th rally as ‘Operations Manager for Logistics and Communications.’
Lyndon Brentnall, of RMS Protective Services, listed on permit paperwork for the January 6th rally as ‘On-Site Supervisor.’
Katrina Pierson, former Trump campaign official, reportedly involved in the organization of the January 5th and 6th rallies and was in direct communication with the former President about the rallies.
(Source – January 6 Committee)
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