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      Biden ordena que se entreguen los registros de visitantes de Trump al Congreso

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      El presidente de EE. UU. informó a los Archivos Nacionales que deben entregar los registros solicitados por el comité del 6 de enero, que investiga el ataque contra el Capitolio, dentro de los próximos 15 días.El presidente de Estados Unidos, Joe Biden, ordenó a los Archivos Nacionales que entregaran una variedad de registros de visitantes de la Casa Blanca del expresidente Donald Trump al comité de la Cámara de Representantes que investiga el ataque al Capitolio del 6 de enero, con lo que rechaza el argumento de su predecesor de que el material está protegido por privilegio ejecutivo.La decisión impulsa los esfuerzos del comité para recopilar información sobre quién entraba y salía de la Casa Blanca, no solo el día del año pasado en el que ocurrió el ataque, sino también en los meses anteriores, cuando Trump buscaba anular la elección.El año pasado, Biden tomó una decisión similar al no apoyar el reclamo de privilegio ejecutivo de Trump sobre otros documentos y registros de la Casa Blanca que solicitó el comité. Trump acudió a un tribunal federal para bloquear la liberación de esos registros anteriores, pero perdió.En una carta enviada el martes a los Archivos Nacionales, la abogada de Biden en la Casa Blanca, Dana Remus, dijo que Biden rechazó las afirmaciones de Trump de que los registros de visitantes estaban sujetos al privilegio ejecutivo y que “en vista de la urgencia” del trabajo del comité, los archivos debían proporcionar los documentos en los próximos 15 días.El Archivista de Estados Unidos, David Ferriero, aseguró en una carta dirigida a Trump el miércoles que, a menos que lo prohíba un tribunal, los Archivos Nacionales entregarían los registros al comité el 3 de marzo.Trump no respondió públicamente y no está claro si volverá a acudir a los tribunales para intentar impedir o retrasar la publicación de los registros de visitantes.En parte refiriéndose al mismo razonamiento que en el caso anterior, Remus le dijo a los Archivos Nacionales que los documentos debían divulgarse de manera oportuna porque “el Congreso tiene una necesidad apremiante”. La funcionaria dijo que “las protecciones constitucionales del privilegio ejecutivo no deben usarse para ocultar, del Congreso o del público, la información que refleje un esfuerzo claro y aparente para subvertir la Constitución misma”.No hay claridad sobre qué es lo que pueden mostrar los registros de visitantes o qué tan extensos y completos están: la Casa Blanca de Trump incumplía rutinariamente las leyes federales sobre el modo de mantener los registros diseñados para documentar las actividades diarias del presidente y con quién se reunía.El año pasado, el comité solicitó una serie de documentos que podrían incluir información de registro de visitantes sobre más de una decena de confidentes de Trump que podrían haber ido a la Casa Blanca entre abril de 2020 y el 20 de enero de 2021, cuando Trump dejó el cargo. Entre esos confidentes se encontraban figuras como Michael T. Flynn, exasesor de Seguridad Nacional de Trump; Roger Stone, antiguo asesor de Trump, y Enrique Tarrio, el líder de los Proud Boys.En la carta, Remus se rehusó a decir qué materiales específicos se entregarían, y solo reveló que en este caso los documentos “son entradas en los registros de visitantes que muestran información de citas para personas que siguieron el proceso para ingresar al complejo de la Casa Blanca, incluido el 6 de enero de 2021”.El comité de la Cámara de Representantes ha solicitado una gran variedad de materiales de la Casa Blanca de Trump en relación con el ataque del 6 de enero y los esfuerzos de Trump por permanecer en el cargo después de su derrota electoral. El comité está tratando de crear un relato definitivo de ese momento y está considerando si debe remitir sus hallazgos al Departamento de Justicia, una manera de crear presión para un posible proceso penal.La respuesta de Remus parecía indicar que Biden no haría valer el privilegio ejecutivo sobre ningún registro de visitantes que concerniera a los aspectos sobre los que el comité quiere saber más.Entre esas líneas de investigación están: la campaña de presión sobre el vicepresidente Mike Pence para retrasar la certificación del recuento del Colegio Electoral el 6 de enero, el plan para presentar listas alternativas de electores de Trump en los estados que perdió, el esquema considerado por Trump para confiscar máquinas de votación y los diversos procesos legales presentados por Trump y sus seguidores.En el gobierno de Biden y durante la gestión de Barack Obama, la Casa Blanca ha hecho públicos sus registros de visitantes, una medida que los defensores de la transparencia gubernamental han dicho que le da al público una mejor idea de quién tiene una conexión directa con los funcionarios más poderosos del país.Pero el gobierno de Trump anunció en abril de 2017 que esos registros deberían permanecer en secreto debido a “los graves riesgos de seguridad nacional y las preocupaciones por la privacidad de los cientos de miles de visitantes al año”. Como se impidió su divulgación, resultó mucho más difícil determinar qué donantes, cabilderos y activistas tenían acceso a Trump y sus colaboradores.En su carta a los Archivos Nacionales, Remus señaló que “la mayoría de los registros a los que el expresidente impuso el privilegio ejecutivo se harán públicos bajo” la gestión de Biden.La Casa Blanca al anochecer del 6 de enero de 2021. No se sabe cuál es la información del registro de visitas de ese día, y de ese periodo, o cuán extensos y completos son los datos que se registraron.Joshua Roberts/Getty ImagesEn las últimas semanas, los investigadores del comité han logrado algunos avances para determinar lo que Trump estaba haciendo en la Casa Blanca el 6 de enero de 2021 y quién lo visitó.Key Developments in the Jan. 6 InvestigationCard 1 of 3Piecing the evidence together. More

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      Biden Rejects Trump’s Claim of Privilege for White House Visitor Logs

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      The president informed the National Archives that it should turn over the logs sought by the Jan. 6 committee within 15 days.President Biden is opposing another effort by former President Donald J. Trump to withhold information from the House committee investigating the Jan. 6 attack on the Capitol, ordering the National Archives to hand over White House visitor logs the committee is seeking.In a letter to the National Archives, Mr. Biden’s White House counsel, Dana Remus, said Mr. Biden had rejected Mr. Trump’s claims that the visitor logs were subject to executive privilege and that “in light of the urgency” of the committee’s work, the agency should provide the material to the committee within 15 days.Mr. Biden had similarly decided last year not to support Mr. Trump’s claim of executive privilege over other batches of White House documents and records sought by the committee. Mr. Trump went to federal court to block the release of those earlier batches but lost.Citing in part the same reasoning as in the earlier case, Ms. Remus told the National Archives that the documents needed to be disclosed in a timely fashion because “Congress has a compelling need.” She said that “constitutional protections of executive privilege should not be used to shield, from Congress or the public, information that reflects a clear and apparent effort to subvert the Constitution itself.”It is unclear whether Mr. Trump will go to court again in an attempt to block or slow the release of the visitor logs.The White House sent the letter to David S. Ferriero, the archivist of the United States, on Tuesday, and planned to inform Mr. Trump’s lawyers on Wednesday morning. The New York Times obtained a copy of the letter.It is not clear what the visitor logs might show or how extensive and complete they are. In the letter, Ms. Remus said the records in this case “are entries in visitor logs showing appointment information for individuals who were processed to enter the White House complex, including on Jan. 6, 2021.”Under Mr. Biden and under President Barack Obama, the White House has made its visitor logs public, a move that proponents of government transparency have long said gives the public a greater sense of who has a direct pipeline to the country’s most powerful officials.But the Trump administration said in April 2017 that such logs should remain secret because of “the grave national security risks and privacy concerns of the hundreds of thousands of visitors annually.” Barring their disclosure made it far harder to determine which donors, lobbyists and activists had access to Mr. Trump and aides.In her letter to the National Archives, Ms. Remus pointed out that “the majority of the entries over which the former president has asserted executive privilege would be publicly released under” Mr. Biden’s policy.The White House at dusk on Jan. 6, 2021. It is not clear what the visitor logs from that day and the period around it might show or how extensive and complete they are. Joshua Roberts/Getty ImagesCommittee investigators have made some progress in recent weeks putting together a better portrait of what Mr. Trump was doing inside the White House on Jan. 6, 2021, and who visited with him. In doing so, they have relied in part on lower-level staff members and Trump White House documents. Mr. Trump watched the protests from the West Wing on television, and according to letters released by the committee, initially refused pleas from aides to intervene to stop the crowd.Through testimony, the committee has learned that White House aides asked one of Mr. Trump’s daughters, Ivanka, “to intervene in an attempt to persuade President Trump to address the ongoing lawlessness and violence on Capitol Hill,” according to a letter the committee sent Ms. Trump last month requesting she sit for questioning.Key Developments in the Jan. 6 InvestigationCard 1 of 3Piecing the evidence together. More

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      Archives Found Possible Classified Material in Boxes Returned by Trump

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      The National Archives consulted with the Justice Department about the discovery after the former president sent back documents that he had improperly taken from the White House when he left office.The National Archives and Records Administration discovered what it believed was classified information in documents Donald J. Trump had taken with him from the White House as he left office, according to a person briefed on the matter.The discovery, which occurred after Mr. Trump returned 15 boxes of documents to the government last month, prompted the National Archives to reach out to the Justice Department for guidance, the person said. The department told the National Archives to have its inspector general examine the matter, the person said.It is unclear what the inspector general has done since then, in particular, whether the inspector general has referred the matter to the Justice Department.An inspector general is required to alert the Justice Department to the discovery of any classified materials that were found outside authorized government channels.Making a referral to the Justice Department would put senior officials in the position of having to decide whether to open an investigation, a scenario that would thrust the department into a highly contentious political matter.The Washington Post reported on Wednesday that the National Archives had asked the Justice Department to examine Mr. Trump’s handling of White House records.Officials with the National Archives did not respond to messages seeking comment.In January, after a lengthy back and forth between Mr. Trump’s lawyers and the National Archives, Mr. Trump handed over more than a dozen boxes of materials, including documents, mementos, gifts and letters. Among the documents were the original versions of a letter that former President Barack Obama had left for Mr. Trump when he was first sworn in, and letters written to Mr. Trump by the North Korean leader, Kim Jong-un.Also included in the boxes was a map Mr. Trump famously drew on with a black Sharpie to demonstrate the track of Hurricane Dorian heading toward Alabama in 2019 to back up a declaration he had made on Twitter that contradicted weather forecasts.Mr. Trump in the Oval Office in September 2019. The map of a storm appears to have been altered with a marker to show Hurricane Dorian headed for Alabama.Erin Schaff/The New York TimesThe boxes had originally been sent to Mar-a-Lago from the White House residence, where a range of items — including clothes — were hastily packed up in Mr. Trump’s final days in office. Legally, Mr. Trump was required to leave the documents, letters and gifts in the custody of the federal government so the National Archives could store them.After the F.B.I., during the 2016 presidential campaign, investigated Hillary Clinton’s handling of classified material while she was secretary of state, Mr. Trump assailed her, helping make the issue pivotal in the outcome of that race. In that case, the intelligence community’s inspector general had made a national security referral to the F.B.I., prompting the investigation of Mrs. Clinton.But during Mr. Trump’s administration, top White House officials were deeply concerned about how little regard Mr. Trump showed for sensitive national security materials. John F. Kelly, the White House chief of staff, tried to stop classified documents from being taken out of the Oval Office and brought up to the residence because he was concerned about what Mr. Trump may do with them and how that may jeopardize national security.Similar to Mrs. Clinton, Mr. Trump’s son-in-law, Jared Kushner, and daughter Ivanka used personal email accounts for work purposes. And even after being warned by aides, Mr. Trump repeatedly ripped up government documents that had to be taped back together to prevent him from being accused of destroying federal property.Now Mr. Trump faces questions about his handling of classified information — a question that is complicated because as president he had the authority to declassify any government information. It is unclear whether Mr. Trump had declassified materials the National Archives discovered in the boxes before he left office. Under federal law, he no longer maintains the ability to declassify documents after leaving office.He invoked the power to declassify information several times as his administration publicly released materials that helped him politically, particularly on issues like the investigation into his campaign’s ties to Russia.Toward the end of the administration, Mr. Trump ripped pictures that intrigued him out of the President’s Daily Brief — a compendium of often classified information about potential national security threats — but it is unclear whether he took them to the residence with him. In one prominent example of how he dealt with classified material, Mr. Trump in 2019 took a highly classified spy satellite image of an Iranian missile launch site, declassified it and then released the photo on Twitter.If Mr. Trump was found to have taken materials with him that were still classified at the time he left the White House, prosecuting him would be extremely difficult and it would pit the Justice Department against Mr. Trump at a time when Attorney General Merrick B. Garland is trying to depoliticize the department.The department and the F.B.I. also still have significant scars from its investigation into whether Mrs. Clinton mishandled classified information, as the bureau was accused of unfairly tarnishing her and interfering in the 2016 election.Katie Benner More

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      What the Trump Documents Might Tell the Jan. 6 Committee

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      Following last week’s Supreme Court ruling, the House panel has received material that it hopes could flesh out how the attack on the Capitol came about.The National Archives has turned over to the House select committee investigating the assault on the Capitol last Jan. 6 a large batch of documents that former President Donald J. Trump had sought to keep out of the panel’s hands, citing executive privilege.The committee has yet to make the documents public or disclose how far along it is in scrutinizing them for any new information about the roles played by Mr. Trump and his inner circle in the effort to delay certification of Joseph R. Biden Jr.’s victory in the 2020 presidential election.But in court filings, Mr. Trump, his legal team and the archives identified the documents that he was seeking to shield through claims of executive privilege, an argument that the Supreme Court rejected last week.It remains unclear how valuable the documents — at least 770 pages — will be to the investigation. But here is a list of them as identified in the court filings, what is known about them and how they might fit into the larger narrative being assembled by the committee:Proposed talking points for Mr. Trump’s press secretary and documents related to allegations of voter fraud (629 pages)Even before Election Day, Republicans and the Trump White House were pushing the notion — not backed by any evidence — that there could be widespread election fraud because of changes states enacted in response to the pandemic that made it easier for people to vote.Mr. Trump refused to concede on election night, saying publicly: “This is a fraud on the American public.” In the weeks that followed, the White House — through Kayleigh McEnany, the press secretary at the time — amplified Mr. Trump’s messaging from the briefing room and on television and social media.The materials could help the committee document the extent and intensity of the effort inside the White House to promote the baseless claims, along with more details about which members of the administration were most involved in the false claims.Presidential activity calendars and a handwritten note concerning Jan. 6 (11 pages)In a typical White House, a president’s calendar can provide an intimate picture of who the president meets with and the topics he may be discussing. Though Mr. Trump had a far less regimented schedule, there were still some meetings and events on his calendar, and aides kept track of where he was and what he was planning to do. The committee has indicated that it is especially interested in any communications that Mr. Trump had around Jan. 6 with top aides like Mark Meadows, the chief of staff, or with Vice President Mike Pence. A detailed calendar or notes could also help shed light on Mr. Trump’s activities as the riot unfolded on Capitol Hill.Mr. Trump’s supporters before his rally on the Ellipse on Jan. 6, 2021.Jason Andrew for The New York TimesA draft of Mr. Trump’s speech for the “Save America” rally that preceded the mob attack (10 pages)On Jan. 6, Mr. Trump and his allies spoke at a rally on the Ellipse before his supporters marched more than a mile to the Capitol. The draft speech — which Mr. Trump’s longtime aide, Stephen Miller, helped write — would show whether Mr. Trump’s incendiary language that encouraged the protesters was ad-libbed by him or whether it was included by his speechwriters, who may have been coordinating the president’s messaging with others. In his book, Mr. Meadows claimed Mr. Trump had ad-libbed his remarks telling the crowd to march on the Capitol.A note from Mr. Meadows about briefings and calls about the certification of the election and related issues (2 pages)In the days leading up to Jan. 6, there was a flurry of meetings in the Oval Office. Among the most dramatic was one on Jan. 4, when Mr. Trump had a lawyer named John Eastman — who had written a memo essentially saying that the vice president had immense powers to decide who won the election — make the argument directly to Mr. Pence that he could delay the certification of the election on Jan. 6. (Mr. Pence later rejected the advice.) On Jan. 2, three of Mr. Trump’s advisers — Rudolph W. Giuliani, Peter Navarro and Mr. Eastman — held a conference call with about 300 state lawmakers about election fraud. On Jan. 4, Phil Waldron, a former U.S. Army colonel who rose to prominence in Mr. Trump’s inner circle after the election, said members of his team briefed some senators on foreign interference in the election. Mr. Waldron said he personally gave the same briefing the next day to members of the House.Details of meetings like those, and the planning for them, could help the committee assess whether Mr. Trump’s efforts justify a criminal referral to the Justice Department on a charge like obstructing an official proceeding in Congress.A draft executive order on the topic of election integrity (4 pages)A range of outside advisers were pushing for Mr. Trump to sign executive orders to help him block or slow certification of the election. Among the most audacious was one that said Mr. Trump could use the Defense Department to seize voting machines based on false claims that there had been foreign interference in the election. Mr. Trump’s first national security adviser, Michael T. Flynn, and a lawyer advising him, Sidney Powell, were urging Mr. Trump to take this action. A copy of a draft executive order about seizing election machines was posted on Politico’s website on Friday.But that memo is three pages, and the National Archives described a memo that is four pages. There is another memo, mentioned in a recent disclosure to the committee by the Trump ally Bernard Kerik, that could also fit this description. It was withheld by Mr. Kerik under the theory of executive privilege but was described in a log of documents that Mr. Kerik refused to turn over as, “DRAFT LETTER FROM POTUS TO SEIZE EVIDENCE IN THE INTEREST OF NATIONAL SECURITY FOR THE 2020 ELECTIONS.”Handwritten notes from the files of Mr. Meadows (3 pages)As chief of staff, Mr. Meadows served both as a top aide and as a conduit for outside advisers, including members of Congress, to contact Mr. Trump and visit him at the White House. Mr. Meadows has provided investigators with hundreds of pages of documents that he had on his personal phone but has refused to sit for questioning, leading the committee to ask the Justice Department to prosecute him. His notes could potentially shed light on what Mr. Trump was hearing and saying at key moments.Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

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      Swift Ruling in Jan. 6 Case Tests Trump's Tactic of Delay

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      The former president has leveraged the slow judicial process in the past to thwart congressional oversight, but the Jan. 6 case may be different.WASHINGTON — On the surface, a judge’s ruling on Tuesday night that Congress can obtain Trump White House files related to the Jan. 6 riot seemed to echo another high-profile ruling in November 2019. In the earlier matter, a judge said a former White House counsel must testify about then-President Donald J. Trump’s efforts to obstruct the Russia investigation.In both cases, Democratic-controlled House oversight committees issued subpoenas, Mr. Trump sought to stonewall those efforts by invoking constitutional secrecy powers, and Obama-appointed Federal District Court judges — to liberal cheers — ruled against him. Each ruling even made the same catchy declaration: “presidents are not kings.”But there was a big difference: The White House counsel case two years ago had chewed up three and a half months by the time Judge Ketanji Brown Jackson issued a 120-page opinion to end its first stage. Just 23 days elapsed between Mr. Trump’s filing of the Jan. 6 papers lawsuit and Judge Tanya Chutkan’s ruling against him.The case, which raises novel issues about the scope of executive privilege when asserted by a former president, is not over: Mr. Trump is asking an appeals court to overturn Judge Chutkan’s ruling and, in the interim, to block the National Archives from giving Congress the first set of files on Friday. The litigation appears destined to reach the Supreme Court, which Mr. Trump reshaped with three appointments.But if the rapid pace set by Judge Chutkan continues, it would mark a significant change from how lawsuits over congressional subpoenas went during the Trump era.The slow pace of such litigation worked to the clear advantage of Mr. Trump, who vowed to defy “all” congressional oversight subpoenas after Democrats took the House in the 2018 midterm. He frequently lost in court, but only after delays that ran out the clock on any chance that such efforts would uncover information before the 2020 election.So alongside the substantive issues about executive privilege, one key question now is whether Mr. Trump can again tie the matter up in the courts long enough that even a Supreme Court ruling against him would come too late for the special committee in the House that is seeking the Trump White House documents for its investigation into the Jan. 6 riot.Specifically, the Jan. 6 committee has demanded detailed records about Mr. Trump’s every movement and meeting on the day of the assault, when Mr. Trump led a “Stop the Steal” rally and his supporters then sacked the Capitol in an attempt to block Congress from certifying Mr. Biden’s Electoral College victory.The chairman of the committee, Representative Bennie Thompson, Democrat of Mississippi, has said he wants to wrap up by “early spring.” In that case, the committee would need access to the files it has subpoenaed by late winter for that information to be part of any report.Legally, the committee could continue working through the rest of 2022. If Republicans retake the House in the midterm election, the inquiry would very likely end.What happens next in the Jan. 6 White House files case may turn on the inclinations of whichever three judges from the U.S. Court of Appeals for the District of Columbia Circuit are randomly assigned to the panel that will hear Mr. Trump’s appeal.Of the court’s 11 full-time judges, seven are Democratic appointees — including Judge Jackson, whom Mr. Biden elevated earlier this year — and four are Republican appointees, including three named by Mr. Trump. The circuit also has five “senior status” judges who are semiretired but sometimes get assigned to panels; four of those five are Republican appointees.If the D.C. Circuit declines, as Judge Chutkan did, to issue a preliminary injunction, Mr. Trump will presumably immediately appeal to the Supreme Court via its so-called shadow docket, by which the justices can swiftly decide emergency matters without full briefs and arguments.If a stay is granted at either level, the question would shift to whether the D.C. Circuit panel echoes Judge Chutkan’s decision to move quickly in light of the circumstances, or throttles back to the slower pace it tended to follow on such cases when Mr. Trump was president.Notably, in another Trump-era case, involving access to financial papers held by his accounting firm, Mazars USA, the Federal District Court judge assigned to that matter, Amit Mehta, was sensitive to the timing implications and took less than a month after the case was filed in April 2019 to hand down his opinion that Congress could get the records.But a D.C. Circuit panel took about five more months before reaching that same result — a nominal win for Congress — in October 2019. Mr. Trump then appealed to the Supreme Court, which waited until July 2020 to send the case back down to Judge Mehta to start the litigation over again using different standards.Separately, House Democrats have introduced legislation in response to the Trump presidency that would, among many other things, speed up lawsuits to enforce congressional subpoenas for executive branch information. Two people familiar with the matter said House Democratic leaders have indicated they plan to hold a floor vote on that bill before the end of 2021, though no date has been set; its prospects in the Senate are unclear.A related important difference in secrecy disputes between the Trump era and the Jan. 6 White House papers case is that when Mr. Trump was president, his administration controlled the executive branch files Congress wanted to see.Today, President Biden has refused to join Mr. Trump in invoking executive privilege, instead instructing the National Archives to give Congress the files unless a court orders otherwise. As a result, when it comes to government files, the default has flipped from secrecy to disclosure.During the phase of the lawsuit before Judge Chutkan, she signaled that she was averse to judicial delay. During arguments last week, she rejected a suggestion by a lawyer for Mr. Trump that she examine each document before deciding whether executive privilege applied.Representative Bennie Thompson, the chairman of the Jan. 6 committee, has said he wants the investigation to wrap up by “early spring.”Al Drago for The New York Times“I don’t see any language in the statute or any case that convinces me that where a previous president disagrees with the incumbent’s assertion of privilege, that the court is required to get involved and do a document-by-document review,” she said, adding:“Wouldn’t that always mean that the process of turning over these records, where the incumbent has no objection, would slow to a snail’s pace? And wouldn’t that be an intrusion by this branch into the executive and legislative branch functions?”Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

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      Judge Rejects Trump’s Bid to Keep Papers Secret in Jan. 6 Inquiry

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      But a Trump lawyer has signaled an intent to appeal the ruling, which raises novel issues about an ex-president’s executive privilege powers.WASHINGTON — A federal judge on Tuesday night rejected a bid by former President Donald J. Trump to keep secret papers about his actions and conversations leading up to and during the Jan. 6 attack on the Capitol by his supporters.In a 39-page ruling, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia held that Congress’s constitutional oversight powers to obtain the information prevailed over Mr. Trump’s residual secrecy powers — especially because the incumbent, President Biden, agreed that lawmakers investigating the Jan. 6 riot should see the files.Mr. Trump “does not acknowledge the deference owed to the incumbent president’s judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ‘exists in perpetuity,’” Judge Chutkan wrote. “But presidents are not kings, and plaintiff is not president.”Mr. Trump retained the right to assert that his records were privileged, she added, but Mr. Biden was not obliged to honor that assertion. The incumbent president, she said, is better situated to protect executive branch interests, and Mr. Trump “no longer remains subject to political checks against potential abuse of that power.”The ruling does not necessarily mean that the National Archives will turn over the materials to the House committee investigating Jan. 6 any time soon. The case raises novel issues about the scope and limits of a former president’s executive privilege authority, and it is likely that it will ultimately be resolved by the Supreme Court.In a posting on Twitter, Taylor Budowich, a spokesman for Mr. Trump, said the case was destined to be appealed. He said Mr. Trump was committed to defending the right of past presidents — as well as present and future ones — to assert executive privilege and “will be seeing this process through.”The Jan. 6 committee has demanded that the National Archives and Records Administration turn over detailed records about Mr. Trump’s every movement and meeting on the day of the assault, when Mr. Trump led a “Stop the Steal” rally and his supporters then sacked the Capitol in an attempt to block Congress from certifying Mr. Biden’s Electoral College victory.Mr. Trump — who pursued a strategy of stonewalling all congressional oversight subpoenas while in office, running out the clock on such efforts before the 2020 election — has instructed his former subordinates to defy subpoenas from the Jan. 6 committee and filed a lawsuit seeking to block the National Archives from turning over files from his White House.Last week, Judge Chutkan, a 2014 Obama appointee, had signaled skepticism about Mr. Trump’s legal arguments. Mr. Trump’s lawyer asserted that his residual executive privilege powers meant the courts should block Congress from subpoenaing the files, notwithstanding Mr. Biden’s decision not to assert executive privilege over them in light of the circumstances.Mr. Trump’s lawyer had argued that the public interest would be served by letting Mr. Trump keep the documents secret to preserve executive branch prerogatives. But Judge Chutkan wrote that his arguments did not “hold water” in light of Mr. Biden’s support for making them public and Congress’s need to investigate the attack without undue delays.Congress and the Biden administration, she noted, “contend that discovering and coming to terms with the causes underlying the Jan. 6 attack is a matter of unsurpassed public importance because such information relates to our core democratic institutions and the public’s confidence in them. The court agrees.”Earlier this week, Mr. Trump’s lawyer, Jesse R. Binnall, demonstrated an intent to keep going by asking Judge Chutkan to impose an emergency injunction on the National Archives barring it from turning over the records while he appealed the matter to the U.S. Court of Appeals for the District of Columbia Circuit.Understand the Supreme Court’s Momentous TermCard 1 of 5The Texas abortion law. More

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      Court Filing Lists Documents Trump Seeks to Withhold From Jan. 6 Inquiry

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      The National Archives says the former president is asserting executive privilege over phone logs, notes and other records concerning the attack on the Capitol.WASHINGTON — Former President Donald J. Trump is seeking to block from release a wide range of documents related to the Jan. 6 attack on the Capitol, the National Archives said Saturday in an early-morning federal court filing detailing what Mr. Trump is fighting to keep secret.In the filing, in the United States District Court for the District of Columbia, John Laster, the director of the National Archives’ presidential materials division, laid out for the first time exactly which documents Mr. Trump was asserting executive privilege over. The former president is hoping to prevent the documents from being reviewed by the House committee empowered to investigate the mob violence at the Capitol.According to the filing, Mr. Trump has asserted executive privilege specifically over 770 pages of documents, including 46 pages of records from the files of Mark Meadows, his former chief of staff; Stephen Miller, his former senior adviser; and Patrick Philbin, his former deputy counsel. Mr. Trump is also objecting to the release of the White House Daily Diary — a record of the president’s movements, phone calls, trips, briefings, meetings and activities — as well as logs showing phone calls to the president and to Vice President Mike Pence concerning Jan. 6, Mr. Laster wrote.Mr. Trump has also asserted executive privilege over 656 pages that include proposed talking points for Kayleigh McEnany, his former press secretary; a handwritten note concerning Jan. 6; a draft text of a presidential speech for the “Save America” rally that preceded the mob attack; and a draft executive order on the topic of election integrity, the filing states.Finally, Mr. Trump asserted executive privilege over 68 additional pages, including a draft proclamation honoring the Capitol Police and two officers who died after the riot, Brian D. Sicknick and Howard Liebengood, as well as related emails; a memo about a potential lawsuit against several states that Joseph R. Biden Jr. won in the November election; an email chain from a state official regarding election-related issues; and talking points on alleged election irregularities in one Michigan county.The filing comes in response to a lawsuit Mr. Trump filed this month against the National Archives seeking to block the disclosure of White House files related to his actions and communications surrounding the Jan. 6 riot.In that lawsuit, in a 26-page complaint, a lawyer for Mr. Trump argued that the materials must remain secret as a matter of executive privilege. The lawyer said the Constitution gave the former president the right to demand their confidentiality even though he was no longer in office — and even though President Biden has refused to assert executive privilege over them.The lawsuit touched off what is likely to be a major legal battle between Mr. Trump and the House committee investigating the Jan. 6 attack, in which a mob of his supporters stormed the Capitol seeking to disrupt Congress’s counting of electoral votes to formalize Mr. Biden’s victory. Its outcome will carry consequences for how much the panel can uncover about Mr. Trump’s role in the riot, pose thorny questions for the Biden administration and potentially forge new precedents about presidential prerogatives and the separation of powers.The leaders of the committee, Representative Bennie Thompson, Democrat of Mississippi, and Representative Liz Cheney, Republican of Wyoming, have condemned Mr. Trump’s lawsuit as “nothing more than an attempt to delay and obstruct our probe.”“It’s hard to imagine a more compelling public interest than trying to get answers about an attack on our democracy and an attempt to overturn the results of an election,” Mr. Thompson, the committee’s chairman, and Ms. Cheney, the vice chairwoman, wrote in a statement after the suit’s filing.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

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      House Panel Recommends Contempt Charge for Stephen Bannon

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      The committee scrutinizing the Jan. 6 Capitol riot said the former White House counselor had “multiple roles relevant to this investigation.”The House select committee investigating the Capitol riot voted 9-0 to recommend charging the former White House counselor with criminal contempt of Congress for defying its subpoena.Carlos Bernate for The New York TimesWASHINGTON — One day before a mob of former President Donald J. Trump’s supporters stormed the Capitol, Stephen K. Bannon, a former top adviser to Mr. Trump, made a prediction to listeners of his radio show.“Now we’re on, as they say, the point of attack — the point of attack tomorrow,” Mr. Bannon said on Jan. 5 as he promoted a plan hatched by Mr. Trump and far-right Republican lawmakers to try to overturn President Biden’s victory the next day, when Congress would meet to formalize the election results. “It’s going to kick off. It’s going to be very dramatic.”It is because of comments like that, which foreshadowed the violence that played out during the Capitol riot, that the House committee investigating the assault is interested in questioning Mr. Bannon. But the former counselor to Mr. Trump has refused to cooperate with the inquiry, citing the former president’s claim of executive privilege.The panel voted unanimously on Tuesday to recommend charging Mr. Bannon with criminal contempt of Congress for defying its subpoena, sending the issue to the House. Representative Steny H. Hoyer of Maryland, the majority leader, said members would hold a vote on Thursday. The chamber is expected to approve the move and hand the matter over to the Justice Department for prosecution.“The rule of law remains under attack right now,” said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee. “If there’s no accountability for these abuses — if there are different sets of rules for different types of people — then our democracy is in serious trouble.“Mr. Bannon will comply with our investigation,” he added, “or he will face the consequences.”Mr. Thompson said he expected the full House to “quickly” take up the matter.The high-profile confrontation is the first of several that promise to test the boundaries of executive privilege — the presidential prerogative to keep official communications secret — and will determine how far the House committee will be able to go in uncovering the story behind the deadliest attack on the Capitol in two centuries.Mr. Trump has filed his own federal lawsuit that touches on similar questions, suing both the chairman of the investigative committee and the head of the National Archives, the custodian of his presidential records, to block the release of material the panel has requested.Many Democrats fear that case, as well as any the Justice Department might decide to bring against Mr. Bannon, may drag on for months, potentially long enough for Republicans to gain the House majority in 2022 and bury the inquiry — and with it, any hope of revealing fresh information about what precipitated the riot.Members of the committee, which is controlled by Democrats, believe that Mr. Bannon has crucial information about plans to undermine Mr. Biden’s victory, including conversations Mr. Bannon had with Mr. Trump in which he urged the former president to focus his efforts on Jan. 6.In a report recommending the House find Mr. Bannon in contempt, the committee repeatedly cited comments he made on his radio show on Jan. 5 — when Mr. Bannon promised “all hell is going to break loose tomorrow” — as evidence that “he had some foreknowledge about extreme events that would occur the next day.”Investigators wrote that Mr. Bannon appeared to “have had multiple roles relevant to this investigation,” including in constructing the “Stop the Steal” public relations effort to spread the lies of a fraudulent election that motivated the attack, and participating in events from a ‘‘war room” organized at a Washington, D.C., hotel with other allies of Mr. Trump who were seeking to overturn the election.The group included members of the Trump campaign’s legal team, including Rudolph W. Giuliani and John C. Eastman; and prominent proponents of false election fraud claims, including Russell Ramsland Jr. and Boris Epshteyn; as well as Trump ally Roger J. Stone Jr., who left the hotel with members of the Oath Keepers militia group acting as bodyguards, the committee wrote.“It’s not going to happen like you think it’s going to happen,” Mr. Bannon told his audience on Jan. 5. “It’s going to be extraordinarily different. And all I can say is: Strap in.”Robert J. Costello, Mr. Bannon’s lawyer, has informed the committee that his client would not comply, citing Mr. Trump’s directive for his former aides and advisers facing subpoenas to invoke immunity and refrain from turning over documents that might be protected under executive privilege.Late Monday, Mr. Bannon and his lawyer sought to delay the vote, citing Mr. Trump’s lawsuit seeking to block the disclosure of White House files related to his actions and communications surrounding the Jan. 6 Capitol riot. Mr. Thompson quickly denied the request for a delay.The panel was set to charge Mr. Bannon with criminal contempt of Congress for defying its subpoena.Jason Andrew for The New York TimesUnder federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.During the Tuesday committee meeting, Representative Liz Cheney, Republican of Wyoming and the committee’s vice chairwoman, directed a comment to her Republican colleagues, warning them that following Mr. Trump’s lies was a prescription for “national self-destruction.”“Almost all of you know in your hearts that what happened on Jan. 6 was profoundly wrong,” she said. “You know that there is no evidence of widespread election fraud sufficient to overturn the election; you know that the Dominion voting machines were not corrupted by a foreign power. You know those claims are false.”But both Mr. Bannon’s and Mr. Trump’s cases raise novel legal issues. The case against Mr. Bannon is untested because he has not been an executive branch official since he left the White House in 2017, and any conversations he may have had with Mr. Trump pertaining to Jan. 6 are likely to have fallen outside the former president’s official duties. No court has definitively said whether conversations with private citizens are covered by executive privilege, which is generally extended in relation to conversations or documents that pertain to presidential duties..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION 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.css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}And the Biden administration has refused to assert executive privilege over any of Mr. Trump’s Jan. 6-related material, saying that it would not be in the public interest to keep secret the details of a plot to thwart the peaceful transfer of power.Committee members said they were confident that they would prevail in their push to obtain the information.“The former president’s clear objective is to stop the select committee from getting to the facts about Jan. 6, and his lawsuit is nothing more than an attempt to delay and obstruct our probe,” Mr. Thompson and Ms. Cheney wrote in response to Mr. Trump’s suit. “Precedent and law are on our side.”Claims of executive privilege date back to the very first congressional investigation, in George Washington’s administration, said Douglas L. Kriner, a professor of government at Cornell University and author of the book “Investigating the President: Congressional Checks on Presidential Power.”However, Mr. Bannon’s situation is different from many previous cases in which the privilege was invoked.“It’s hard to imagine how this jeopardizes national security,” Mr. Kriner said of releasing documents from the Trump administration. “It doesn’t involve a current ongoing administration that might be harmed in any way, and it doesn’t even involve the right to frank and open conversation between the president and other advisers within the administration.”The committee vote comes as some Senate Republicans are holding up the confirmation of Mr. Biden’s nominee for the U.S. attorney in Washington, D.C., who would oversee charges against defendants related to the Jan. 6 attack, including any potential charges against Mr. Bannon.Senator Mike Lee, Republican of Utah, has put a hold on the nomination of Matthew M. Graves to lead the office, according to two people with knowledge of the situation.Representative Eleanor Holmes Norton, the District’s nonvoting delegate, said she was confident Mr. Graves would eventually win approval, but that his nomination had become mired in Republican hostility around the effort to investigate the Capitol riot.“It really isn’t related to him at all,” Ms. Norton said. “It’s partisan. It does relate to Jan. 6. It’s a tantrum, really.”Mr. Lee’s office did not respond to a request for comment.Emily Cochrane More