New: The Archives intends to turn over a tranche of Trump's White House records to the Jan. 6 committee tomorrow at 6pm, per DOJ letter. These docs weren't covered by the DC Circuit's admin stay, and SCOTUS hasn't acted on Trump's emergency request yet s3.documentcloud.org/documents/2118…
What's up with the fourth tranche? It's approx. 551 pages, and Trump claimed exec privilege over *six pages*. DOJ says two pages are similar enough to the prev. sets of contested docs to be covered by an earlier stay, so it's four pages he doesn't want produced
That's in addition to 100s of pages of contested docs that were the subject of earlier rounds in court:
- 39 pages from tranche 1 (there were also 7 pages later withdrawn as nonresponsive)
- 724 pages from tranches 2 and 3
s3.documentcloud.org/documents/2115…
(redid this tweet with more info)
A clarification that will probably only matter to me and a handful of legal Twitter folks, but the DC Circuit issued an administrative injunction, not a stay (they enjoined the Archives from acting, they didn't stay a district court order)
At 6pm today, barring court action, the Nat'l Archives is set to turn over four pages to the Jan. 6 committee that Trump claims are shielded by exec privilege. DOJ maintains they're not covered by an order that's delayed production of other contested docs
After DOJ filed the initial letter last night alerting the DC Circuit this was set to happen, Trump's lawyer filed a response around midnight insisting this would violate the earlier injunction pending SCOTUS action s3.documentcloud.org/documents/2118…
DOJ replied this a.m., maintaining that the injunction clearly only applied to the first three tranches of docs, and that Trump had a chance to try to argue in court re: the fourth tranche, and instead limited that effort to SCOTUS, which hasn't acted yet s3.documentcloud.org/documents/2118…
Initially six pages were at issue, and DOJ said Trump only objected yesterday to two pages that "include content" in "similar" docs from an earlier set covered by the injunction, so they won't release them now. Trump's lawyer argues the intent to produce these docs is misconduct
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