EXPLOSIVE late-night court filing fomr National Archives details what Trump is trying to block the Jan. 6 committee from obtaining.
They include "daily presidential diaries, schedules, appointments showing White House visitors, activity logs" and records of calls to Trump/Pence.
The records include files drawn from Mark MEADOWS, Stephen MILLER, and hunreds of pages from binders of Kayleigh McAneny.
They also include a draft proclamation marking the deaths of Capitol Police officers. Brian Sicknick and Howard Liebengood.
The first tranche: Meadows, Miller, Philbin, White House logs, call records >>>
The second tranche: McEnany, draft speech to "Save America" march, and "a handwritten note from former Chief
of Staff Mark Meadows’ files listing potential or scheduled briefings and telephone calls
concerning the January 6 certification,"
The third tranche: Talking points on election "irregularities" in Michigan, an email chain from a state official,a document containing "presidential findings" on election integrity.
TRUMP has pressed the National Archives to block 750 of the 1,600 pages identified so far as related to the Jan. 6 investigaiton — it's a far broader attempt by Trump to stifle access than previously known.
The Jan. 6 committee filed its own legal brief tonight too, rejecting Trump's claims of executive privilege as 'weak' and legally unsupported. Upholding them, they say, could impede efforts to prevent a future attack on elections.
The National Archives catalogue of Trump’s Jan. 6-related records is startling, but equally eye-opening is its legal takedown of Trump’s lawsuit. politico.com/news/2021/10/3…
One factor is that presidents have throughout history waived executive privilege on matters of national significance, like Bush post-9/11 — and Trump himself when he decided not to block the Mueller report from coming out. 👀
MORE: Overnight, executive privilege experts filed a persuasive brief arguing that there is literally no scenario in which a former president can override a sitting president’s waiver of privilege.
AND: Trump has no ability to claim attorney-client privilege over advice given to “the office of the president.”
Here’s who filed the brief
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The House is free to express its disapproval of the Jan. 6 committee anytime, but this notion they will simply rescind the subpoenas or contempt votes of an earlier Congress — and that it will have some meaningful legal effect — is fanciful.
It’s become a litmus test on the right in recent weeks. But whether a contempt occurred in an earlier Congress is up to that Congress. It would be a form of legal chaos to allow Congresses years or decades later to try to unravel prior contempts that were already prosecuted.
For context: This has become a rallying call on the right, particularly since Judge Nichols ordered Steve Bannon to prison by July 1. Some candidates and members are openly promising to do this, as though it has some practical effect.
👀 Justice MERCHAN has notified the parties in Trump's case that a stray comment was posted on the NY court system's Facebook page on May 29, a day before Trump's conviction.
It does seem likely to be a fake — but Merchan didn’t indicate one way or the other whether he considered it serious. May have been sharing out of an abundance of caution in case others saw the screenshot.
BREAKING: Steve Bannon has been ordered to surrender to prison by July 1. Judge Nichols has revoked his bail.
Bannon’s sentence for defying the Jan. 6 committee’s subpoena has been on hold while he appealed. Today, Judge Nichols (a Trump appointee) ruled that the original reasons for staying the sentence no longer be er applied.
Bannon’s sentence would run through early November.
BANNON and his lawyer David Schoen are speaking to press now.
HAPPENING NOW: The jury has signaled it has a note for the judge, so everyone is reconvening for an update. Unclear what the subject is.
I've seen some quick verdicts in cases, but that would be a shocker here. I've also seen juries deliberate for hours before sending a note that makes it sound like they've barely scratched the surface and maybe need troubleshooting help accessing evidence.
MERCHAN says the note came in at 2:56. It contains 4 requests.
1) Pecker's testimony re phone call with Trump 2) Pecker's testimoyn regarding decision not to finalize and fund McDougal's life rights 3) Pecker's testimony onTrump Tower meeting 4) Cohen on Trump Tower meeting
JUST IN: Unsealed filing in Trump Florida case says there were two rounds of classified documents discovered at Mar-a-Lago *after* the FBI search. storage.courtlistener.com/recap/gov.usco…
Judge HOWELL also found last year that prosecutors provided sufficient evidence that Trump sought to hide classified documents from prosceutors. It was part of her ruling granting crime-fraud exception to attorney-client privilege. storage.courtlistener.com/recap/gov.usco…
This entire opinion from Judge Howell assessing the evidence prosecutors presented on Trump's "willful retention" of classified docs and efforts to obstruct the probe is extraordinary.
She described Nauta as "dissembling" in his FBI interview as well.
HAPPENING NOW: Trump lawyers and prosecutors began the day with a lengthy sidebar with Justice Merchan, unclear on whaat subject. Cohen cross-examination to resume imminently. politico.com/trumptrial
NEW: Bob Costello, a longtime Giuliani attorney and potential Trump defense witness, used yesterday's trial off-day to savage Michael Cohen in testimony to Congress.
Cohen has accused Costello of being part of a Trump-backed effort to pressure him against "flipping" politico.com/live-updates/2…
COSTELLO said Cohen repeatedly told him in 2018 that he had no evidence to incriminate Trump. Cohen testified Tuesday that he didn't tell Costello what he knew because he didn't trust him. politico.com/live-updates/2…