Capitol Insurrection Donald Trump Supreme Court

Former Prosecutor: The Supreme Court Isn’t Going To Shield Trump From The Jan. 6 Committee

Even though he’s already lost in two other federal courts, failed, one-term former President Donald Trump is hoping the U.S. Supreme Court (which has three justices appointed by the ex-president) will rule that he doesn’t have to turn over documents subpoenaed by the House Select Committee on the January 6 Capitol insurrection.

Will the high court shield Trump from the Jan. 6 committee? Former Watergate prosecutor Nick Akerman doesn’t think so.

Appearing on CNN, Akerman was asked by host Paula Reid:

“With Nixon with Watergate, [the court] ordered him to hand over materials and other subpoena materials. We learned that Trump has lost twice now in federal court. There’s been a big debate will the Supreme Court even take up this case and, if they do, what will they rule? How do you see this playing out over the next couple weeks and months?”

Akerman responded:

“You’re right. There are two courts, lower courts, District Court, and Circuit Court of Appeals in New York, basically issued very extensive opinions turning Trump down on the issues that he’s raised. But ultimately, there are really two issues at play here: one is executive privilege. Trump is claiming that he has the right to assert executive privilege over the documents on January 6th. The problem with that argument is that the Supreme Court has already spoken to executive privilege back in 1974, when they ordered Nixon to produce his tapes.”

The former prosecutor then added:

“Privilege belongs to the government, to the republic. It doesn’t belong to the individual. It’s not like the privilege to not incriminate yourself under the Fifth Amendment, which is an individual privilege, and Joe Biden, the present president, already determined in a very extensive writing that these documents do not come with an executive privilege.

“The Supreme Court has basically been limited to diplomatic, military, and national security matters. It certainly doesn’t cover a plot against the government to overthrow its normal processes. So it’s very unlikely that Trump is going to succeed on that.”

Though he made it clear he wasn’t guaranteeing the Supreme Court will reject Trump’s appeal, Akerman noted:

“Both opinions, the lower court opinions basically pointed out that in the face of Joe Biden’s very detailed analysis as to why executive privilege does not apply and Trump has provided absolutely zero facts to explain why it does apply. So it’s very unlikely that that issue is really going to go anywhere.

“So when you take those two issues together, the executive privilege and the legislative purpose, and the fact that both courts have really extensively ruled on that, by all rights the Supreme Court should just deny the appeal and leave it at that.”

Those documents Trump is trying to keep hidden must be very incriminating. Otherwise, why would he be fighting so hard to make sure the committee doesn’t get them?

By Andrew Bradford

Proud progressive journalist and political adviser living behind enemy lines in Red America.

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