Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

As it happenedended1636049389

Trump news: House legal team urges court to release Jan 6 documents as Steele source charged

Ex-president’s attorneys appear in federal court to convince skeptical judge to block release of White House documents in Capitol riot probe

Andrew Naughtie,Alex Woodward
Thursday 04 November 2021 14:09 EDT
Comments
Donald Trump addresses supporters before the Capitol riot on 6 January 2021
Donald Trump addresses supporters before the Capitol riot on 6 January 2021 (AP)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Donald Trump’s legal team has argued in US District Court that records from his presidency demanded by a congressional panel investigating the attacks on the US Capitol by his supporters should not be released.

The former president’s attorneys claimed in federal court on 4 November that the documents, which have been requested by the select committee investigating the insurrection, are covered by executive privilege, a claim the Biden administration has dismissed.

Mr Trump’s attorneys have argued the request from lawmakers is “alarmingly broad” – but a judge appears skeptical.

US District Court Judge Tanya Chutkan told his legal team to “dial down the rhetoric” after they characterised the requests from House lawmakers as “unbelievably broad” and a “dump” as she questioned what harm their release would bring to Mr Trump, and why they believe his lawsuit doesn’t undermine President Joe Biden’s own executive function.

Douglas Letter, counsel for the House of Representatives, said the committee’s probe into the events surrounding the 6 January attack on the US Capitol by Mr Trump’s supporters in an attempt to overturn election results marks “one of the most important congressional investigations in the history of our nation that has ever occurred.”

The court hearing arrived on the “anniversary” of the 2020 presidential election, which Mr Trump marked with a bizarre video amplifying his baseless narrative that the results were fraudulent and thanking those involved in a spurious election “audit” in Arizona.

Meanwhile, a key figure in the saga of the Trump campaign’s alleged collusion with Russian government counterparts in 2016 has been arrested by federal authorities for allegedly lying to the FBI.

Igor Danchenko was a core researcher in the production of Christopher Steele’s notorious dossier on Mr Trump’s Russian ties, much of which turned out to be based on unproven rumours and unsubstantiated claims.

He is set to appear in federal court on Thursday afternoon.

1636040760

Judge tells Trump team to ‘dial down the rhetoric'

After Trump’s legal team described documents requests as a “dump” and “alarmingly broad” in their scope, Judge Chutkan told Trump attorney Justin Clark to “dial down the rhetoric.”

She has repeatedly reminded the attorneys that President Biden has waived the former president’s privilege request, and suggested that Trump’s attempt to undermine that authority could be an “intrusion by this branch into the executive and legislative branch’s function.”

Alex Woodward4 November 2021 15:46
1636041722

Trump team can’t answer what harm documents release would bring

Judge Chutkan has sought to pin down Trump’s lawyers on whether the public release of requested documents would cause him any harm.

“Where’s the harm? Tell me the harm,” she told his legal team.

Trump attorney Justin Clark suggested it would cause “harm to the institution.”

Judge Chutkan suggested the team’s request for privilege is as broad as they have characterised the requests.

She said: “I don’t see … any case that convinces me that that when the previous president disagrees with the incumbent assertion of privilege that the court is required to get involved and do a document that by backing, I mean, wouldn’t that always mean that the process of turning over these records where the incumbent has no objection to a snail’s pace?”

Alex Woodward4 November 2021 16:02
1636044227

Justice Department releases indictment against Steele dossier analyst

The US Department of Justice has issued a statement and unsealed the indictment against Igor Danchenko, who was arrested today for allegedly lying to the FBI.

More here:

Russian analyst behind infamous Trump dossier is arrested

Igor Danchenko’s arrest follows Trump-era special counsel probe into FBI’s investigation

Alex Woodward4 November 2021 16:43
1636044686

House attorney urges release of documents for ‘one of the most important’ congressional probes in history

Douglas Letter, counsel for the House of Representatives, said the committee’s probe into the events surrounding the 6 January attack on the US Capitol to overturn election results marks “one of the most important congressional investigations in the history of our nation that has ever occurred.”

Judge Chutkan didn’t dispute that. She asked him to answer to claims that the requests for Trump-era White House documents are “unbelievably broad” – he doesn’t necessarily dispute that claim either, but argued that if they weren’t, the investigation would have too narrow a focus to understand the scope of context as well as the depth of communications and reasoning among Trump officials around the attack.

He affirmed that the case is looking at what then-president Trump knew, and when.

“We strongly request that you act with dispatch here,” he said.

Alex Woodward4 November 2021 16:51
1636044925

Hearing is adjourned, judge to release ruling ‘expeditiously’

That’s it for today’s hearing to determine Trump’s executive privilege claim in his lawsuit to block the release of National Archives and Records Administration documents from his time in office, as a House select committee probes the events surrounding the attack on the US Capitol on 6 January.

Judge Tanya Chutkan – who appeared skeptical of the former president’s legal arguments – said she will release a ruling “expeditiously.”

Alex Woodward4 November 2021 16:55
1636046193

Trump marks anniversary of election defeat by praising Arizona ‘auditors’ and repeating false fraud claims

Trump is marking the anniversary of his election loss – “a very sad election” – in a video shared on Twitter by his spokesperson.

Trump marks anniversary of election defeat by praising Arizona ‘auditors’

Donald Trump has marked the anniversary of his election defeat by praising Arizona “auditors” and repeating his false fraud claims.

Alex Woodward4 November 2021 17:16
1636048323

CNN legal analyst: Judge likely to order release ‘vast majority’ of 6 January documents

Legal analyst and Brookings Institution fellow Norm Eisen told CNN that a judge overseeing Trump’s lawsuit to block the release of National Archives and Records Administration documents from his time in office will likely grant the release of the “vast majority if not all” of the requested files.

Alex Woodward4 November 2021 17:52
1636048575

We’re closing The Independent’s live coverage of Trump’s latest court hearing. Stay tuned for the latest.

Alex Woodward4 November 2021 17:56

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in