'REMARKABLY THIN'
‘Flaccid Little Cry Baby’: Legal Experts Weigh in on Trump’s ‘Not Very Strong’ Lawsuit to Block Jan. 6 Committee

Donald Trump has just filed a lawsuit to block the House Select Committee on the January 6 Attack from being granted access to a mountain of documents from his four years as president held by the National Archives.
!! FLASH: Donald Trump has just filed suit in DC federal court to block the Jan 6 Select Committee subpoenas for White House records pic.twitter.com/ZVNG87ojc5
— Scott MacFarlane (@MacFarlaneNews) October 18, 2021
Legal experts are weighing in on this latest attempt by the former president to obstruct a lawful investigation.
NBC News reports Trump’s lawsuit “says the committee’s subpoena is invalid because it has no power of investigation,” and it “says the material should be protected by executive privilege,” which is also false, according to countless legal experts who have been commenting on that claim for weeks.
Trump is “requesting that the court invalidate the committee’s requests and enjoin the archivist from turning over the records in question. At a bare minimum, the court should enjoin the archivist from producing any potentially privileged records until President Trump is able to conduct a full privilege review of all of the requested materials.”
Top national security lawyer Bradley Moss appears to be enjoying mocking the lawsuit:
Reminder: the Trump lawsuit means nothing if he doesn’t file an immediate motion for a temporary restraining order (and win on that narrow procedural issue). The Archivist can start releasing the current batch of docs to the 1/6 committee on November 12th absent a court order.
— Bradley P. Moss (@BradMossEsq) October 18, 2021
Trump has Jesse Binnall handling his 1/6 executive privilege lawsuit. That pretty much says it all, folks.
— Bradley P. Moss (@BradMossEsq) October 18, 2021
I cannot stop laughing at the pathetic premise of Trump’s lawsuit that the Presidential Records Act must be unconstitutional if it permits the incumbent president to overrule a former president on privilege issues.
What a flaccid little cry baby.
— Bradley P. Moss (@BradMossEsq) October 18, 2021
This rivals the Kraken lawsuits for poorly written lawsuits. I can’t even with this …. https://t.co/n4LK0KxjHb
— Bradley P. Moss (@BradMossEsq) October 18, 2021
CNN’s Keith Boykin, a former Clinton White House aide who has a law degree from Harvard Law weighed in on the news by blasting Trump, saying: “This guy has spent his entire career bluffing his way through life, evading responsibility, dodging accountability, and filing frivolous lawsuits to distract and delay. Justice means nothing in America if Trump is not held accountable for his crimes.”
Attorney and upcoming author Luppe B. Luppen:
Trump’s team is seeking either a judicial declaration that the 1/6 committee lacks a legislative purpose (which hasn’t worked in the past) or a compromise order postponing disclosure of the materials until Trump has done a privilege review. It’s not very strong imo. pic.twitter.com/tX1GMJrudF
— southpaw (@nycsouthpaw) October 18, 2021
Former Obama White House attorney, now a Law Professor at Cardozo Law and Supreme Court contributor for ABC News calls the suit “remarkably thin.”
Trump’s lawsuit seeking to prevent the archivist from turning records over to the January 6 Committee is remarkably thin. Courts should reject it, swiftly, for the same reasons the Biden Administration was right not to assert executive privilege over the documents (1/2) https://t.co/fcoG2fFnpc
— Kate Shaw (@kateashaw1) October 18, 2021
.

Enjoy this piece?
… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.
NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.
Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.
![]() |