Update: Since this article was published the appeals court sided with Trump and has temporarily blocked the National Archives from handing over documents to the House Select Committee. (per The Hill)
A three-judge panel for the D.C. Circuit Court of Appeals issued a temporary injunction keeping the records from being turned over to allow former President Trump to continue his legal challenge.
“The purpose of this administrative injunction is to protect the court’s jurisdiction to address [Trump’s] claims of executive privilege and should not be construed in any way as a ruling on the merits,” the panel said in a brief order.
The panel also set a rapid pace for Trump’s appeal, scheduling oral arguments for Nov. 30.
Former President Trump is asking a federal judge to issue a stay on a Friday deadline for the National Archives to turn over records from the previous administration to the House Jan. 6 panel. On Thursday, Trump’s team of lawyers filed an emergency motion with the D.C. Circuit Court of Appeals to pause the record’s release until Trump’s legal challenge has played out.
The Hill reports:
“If no administrative injunction issues from this Court, then the records at issue will be produced on November 12, at 6:00 p.m,” the filing reads. “Put simply, this motion seeks only a brief pause in the production; it will not prejudice the other arguments or requests to be made by the parties in this important appeal.”
Neither the Justice Department, which is representing the National Archives, nor the select committee’s lawyers are opposing Trump’s request for a temporary stay of the deadline.
If the circuit court grants the request, which could be likely given the lack of opposition from the other parties, the deadline will be delayed briefly while Trump asks for a lengthier stay to take hold during the appeals process.
Trump’s legal team quickly appealed after a district court judge on Tuesday rejected their lawsuit seeking to block the Biden administration from complying with an expansive records request from the select committee.
Read Next: Judge Makes Decision on Trump Effort to Block Records
