Late Monday night a federal judge rejected a push from former President Trump to block the release of records from the National Archives to the House Jan. 6th panel. Trump’s legal team filed the motion as parties await a formal ruling from U.S. District Court Judge Tanya Chutkan on a Friday deadline for the National Archives to hand over Trump’s records.

The Hill reports:

Chutkan, an Obama appointee, rejected the request shortly after midnight on Tuesday, saying in a brief order that the request was premature and that Trump could ask for a stay if and when she issues a ruling that he would want to appeal.

The judge has yet to rule on Trump’s overall effort to block the National Archives from complying with the committee’s request, and the latest development does not indicate how she might decide the case.

Trump’s lawyers said in a filing Monday night that they intend to file an appeal on Wednesday if Chutkan has not issued a final ruling by then, saying an appeals court’s intervention would be necessary with the deadline quickly approaching.

“Absent a court order instructing him not to, the Archivist of the United States intends to comply with the congressional request and release the disputed documents this Friday, November 12, 2021,” they said in the filing. “Because of these considerations and because Thursday, November 11, 2021, is Veterans Day, President Trump requests a ruling from this Court on his Motion for a Preliminary Injunction and, if applicable, this motion no later than Wednesday, November 10, 2021. Should no order be issued by that time, the Plaintiff will interpret the Court’s silence as a refusal and take his appeal to the U.S. Court of Appeals for the D.C. Circuit.”

So far, Trump has yet to comment on the ruling.