BREAKING: Supreme Court *rejects* Trump's attempt to block the release of his White House records to the Jan. 6 committee. The vote is apparently 8–1 with only Justice Thomas dissenting. supremecourt.gov/opinions/21pdf…
The Supreme Court's order rests on the D.C. Circuit's determination that Trump's attempt to block the documents would fail "even if he were the incumbent." So SCOTUS declined to draw a distinction between the privilege of former and current presidents. supremecourt.gov/opinions/21pdf…
Justice Kavanaugh writes separately concurring with the decision against Trump while declaring that former presidents CAN claim executive privilege even when the current president waives that privilege. The majority does not endorse or reject this view.
supremecourt.gov/opinions/21pdf…
supremecourt.gov/opinions/21pdf…
Under these circumstances, the Supreme Court could issue an injunction "only in the most critical and exigent circumstances," when "the legal rights at issue are indisputably clear."
That's an extremely high bar that Trump couldn't clear. This is not a decision on the merits.
That's an extremely high bar that Trump couldn't clear. This is not a decision on the merits.
D.C. Circuit Judge Patricia Millett deserves a lot of credit for writing a brilliant opinion—in just nine days—that all but forced the Supreme Court to side against Trump here. Imagine if Trump Judge Neomi Rao had written it instead. The House got lucky. cadc.uscourts.gov/internet/opini…
Great breakdown of tonight’s Supreme Court order—and its implications for Trump’s intransigent associates—from @JeremyStahl: slate.com/news-and-polit…
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