Just in: Trump has now asked the DC Circuit for a temporary "administrative" injunction to stop the Archives from turning over his White House records to the Jan. 6 committee (set to happen tomorrow) while he pursues a full appeal s3.documentcloud.org/documents/2110…
According to this filing, the Jan. 6 committee and the National Archives aren't taking a position on Trump's request for a temporary administrative injunction. The parties are jointly asking the circuit to set a more expedited briefing schedule on the main appeal
Clarification: The expedited schedule they've jointly proposed is for Trump to more formally argue for an injunction pending his appeal of the order denying a prelim. injunction by the district court judge — same core issue, different procedural posture
What's going on here? A few things. Not taking a position on an issue is different from agreeing with it, at least in legal jargon land. But the Jan. 6 committee is signaling that it's willing to save the fight for a fuller airing on the injunction issue in the DC Circuit
Trump has asked for a placeholder "administrative" injunction until he formally asks the DC Circuit for an injunction blocking production of the docs while he pursues the appeal. The expedited schedule that the committee did agree to would push things back by less than a week
I'm seeing a lot of people asking why the committee wouldn't fight the administrative injunction request in the meantime. @bradheath, as always, puts things well
@bradheath Now: The DC Circuit will temporarily block the Jan. 6 committee from getting Trump's records in advance of tomorrow's due date. This is an "administrative" injunction and not a decision on the merits. Arguments set for 11/30 before Judges Millett, Wilkins, Jackson. More to come.
@bradheath New: A federal appeals court will temporarily block the Jan. 6 committee from getting Trump's records, but it could be a short-lived reprieve — arguments are set for Nov. 30, and the three-judge panel assigned to the case is not a great draw for him buzzfeednews.com/article/zoetil…
DC Circuit panel handling the Trump records case features two Obama nominees (Millett/Wilkins) and Biden nominee Jackson. Millett, notably, was on the panel that handed Trump a loss in the Mazars subpoena case (although SCOTUS later kicked that back down) buzzfeednews.com/article/zoetil…
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