Trump still thinks he can run to SCOTUS. An attempt to thwart a lawful Congressional Investigation re Jan6th

How predictable and yet how very sad of him. But then again about two weeks ago I said of course Trump will run to SCOTUS and here we are on Christmas Eve. Exactly where some of us predicated we’d be

I mean I did tell you almost exactly fourteen days ago that the likely next action from Trump would be “this little Orange piggy can cry weee…weee…weee to SCOTUS”

This little orange piggy can cry “weee. weee. weee” all the way to 1 First St NE -SIGNIFICANT win for the Select Committee on Jan 6th

Because after all on December 10, 2021 USCCOAS-DC panel held:

The central question in this case is whether, despite the exceptional and imperative circumstances underlying the Committee’s request and President Biden’s decision, a federal court can, at the former President’s behest, override President Biden’s decision not to invoke privilege and prevent his release to Congress of documents in his possession that he deems to be needed for a critical legislative inquiry.

…Trump has provided no basis for this court to override President Biden’s judgment and the agreement and accommodations worked out between the Political Branches over these documents.

…failed to establish a likelihood of success given President [Joe] Biden’s carefully reasoned and cabined determination that a claim of executive privilege [was] not in the interest of the United States, and therefore [was] not justified as to any of the documents.”

In Donald J Trump’ nearly two hundred page filing he attempts to rewrite the Presidential Records Act (PRA) questioning who’s the lawful custodian of the records from the Trump Administration…

…the PRA uses specific language, not the least of which is the National Archives of the US is responsible for records of former presidents —furthermore the PRA also states that the National Archives, specifically the Archivist “shall release records requested by either House of Congress or a committee acting within its jurisdiction” importantly here “if the information is necessary and not otherwise available”… in Trump’s brief he argues:

…such records have nothing to do with the events of January 6th…

The congressional request is untethered from any valid legislative purpose and exceeds the authority of Congress under the Constitution and the Presidential Records Act.…Committee’s request violates constitutional provisions and laws “entitling” Trump to an injunction, including the PRA…

This sweeping request alone demands access to any number of records to which Congress is not–in any way–entitled. First, such records have nothing to do with the events of January 6th. Second, these records are protected by executive and other privileges… third… these requests exceed the scope of the requesting committee’s authority because they lack any conceivable related legislative purpose.

The records of a former President are not distributed freely upon the conclusion of his term of office, even to Congress. Except in extraordinary circumstances, records are protected from disclosure for a considerable amount of time after a President has left office.

Key phrase “Except in extraordinary circumstances…”

Because that phrase “Except in extraordinary circumstances” is in fact part of the articulated by President Biden. See October 8, 2021 Letter (Also see second letter) from White House

🌶Spicy Sidebar🌶 shocker wait…hold…on: are you telling me White House Counsel Remus had a spelling error in the aforementioned letter? Gasps, how dare there be any spelling errors. Clutches my invisible pearls. I mean of the various criticism lobbed my way the “her spelling errors - discount her credibility”…is by far the most hilarious weak-sauce criticism…I digress because reading Trump’s nearly 200 page SCOTUS Brief is like reading a 200 page deranged manifesto and each time you turn a page you get a paper cut -yes that’s how intellectually painful it is to read his filing,

As previously noted, the appeals court ruled that Congress in fact has a “uniquely vital interest” in investigating the January 6, 2021 riot and “comfortably” meets the standard in the PRA. As previously discussed in the December 10 article (embedded below) the USCCOAs-DC held:

…Congress’s uniquely vital interest in studying the January 6th attack on itself to formulate remedial legislation and to safeguard its constitutional and legislative operations

So at this point it’s best to wait and see if SCOTUS agrees to hear his case —fundamentally I’m not exactly sure that Trump has reasonably argued why these records should be withheld from Congress. His arguments are disjointed, misinterpretations of actual case law and frankly it reads like a “dear diary type of burn book” and are emblematic of Trump’s belief that he is above our laws and our Constitution.

I suppose only time will tell who’s right and who’s wrong —and if you haven’t figured out I’m cleaning out my draft articles and I’m playing catch up knowing that since Thanksgiving I’ve been almost entirely focused on my J-O-B.

Which resulted in 18+hour days for the past four weeks and today is the first time I’ve had any measurable amount of “free time” to catch up. Also here’s your (2nd) obligatory dose of saltwater therapy…

How do you want to be remembered

I had a couple of things to say about that. For sure I’m not a type of person that stays down when knocked down. Nope, I pick myself back up and continue to keep going…

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