Donald Trump’s attorneys filed a lawsuit seeking to block the House January 6 select committee’s subpoena demanding his testimony in its investigation, according to court documents and a statement on Friday night, setting up a legal battle over the extent of executive power.

The suit marks an aggressive posture from the former president as he seeks to avoid complying with the sprawling subpoena, in an effort that could culminate in a constitutionally significant showdown before the US supreme court.

“Former President Trump turns to the courts to preserve his rights and executive branch independence consistently upheld by the courts and endorsed by the Department of Justice,” Trump’s attorneys wrote in a 41-page submission filed in federal court in West Palm Beach, Florida.

The lawsuit contends that, while former presidents have voluntarily agreed to provide testimony or documents in response to congressional subpoenas in the past, “no president or former president has ever been compelled to do so”.

“Long-held precedent and practice maintain that separation of powers prohibits Congress from compelling a President to testify before it,” Trump attorney’s David A Warrington said in a statement announcing Trump‘s intentions.

He said Trump had “engaged with the committee in a good faith effort to resolve these concerns consistent with executive branch prerogatives and separation of powers”, but said the panel “insists on pursuing a political path, leaving President Trump with no choice but to involve the third branch, the judicial branch, in this dispute between the executive and legislative branches”.

The suit prolongs the battle over Trump’s testimony and makes it likely it will never happen, as the committee is expected to disband at the end of the legislative session in January.

The committee voted to subpoena Trump during its final televised hearing before the midterm elections and formally did so last month, demanding testimony from the former president. Committee members allege Trump “personally orchestrated” a vast effort to overturn the results of the 2020 election.

They said Trump had to testify, either at the Capitol or by videoconference, “beginning on or about” 14 November and continuing for multiple days if necessary.

The letter also outlined a sweeping request for documents, including personal communications between Trump and members of Congress as well as extremist groups.

The lawsuit comes as Trump is expected to launch a third campaign for president next week.