SCOTUS and the January 6th Committee
The story so far:
In his four years in office, Donald Trump appointed (and the GOP Senate confirmed) hundreds of judges to the federal bench. But the three most important ones, Neil Gorsuch, Brett Kavanaugh, and Amy Barrett, sit on the Supreme Court.
Once Barrett was confirmed weeks before Election Day, conservatives had a built in 5 justice majority (with Thomas and Alito). No, forget John Roberts, he’s Chief Justice - he needs wiggle room that the other 5 are not hampered by.
And on December 8, 2020, when Texas Attorney General Ken Paxton sued to stop Pennsylvania, Michigan, Wisconsin, and Georgia from sending its Electoral votes to Washington, D.C.1, Trump figured he had everything sewed up. His 5 dozen plus election fraud cases had failed and the Texas lawsuit looked like the miracle he needed.
And on December 12, 2020, nearly one year ago, the Supreme Court told him in a 7-2 ruling- not a chance. It would have been 9-0. but Alito and Thomas wanted to allow Texas to file its complaint then tell Texas et al. - not a chance.
Since then numerous court decisions have pointed to a disdain for certain precedents, ultra-conservative opinions, and a willingness to hear any case with partisan bent.
Not completely true, but a mere four Justice can decide to hear a case and the Right has a built-in advantage for listening to anything that fits into its reactionary legal theories.
When Texas passed a blatantly unconstitutional anti-abortion law earlier this year riddled with procedural problem that have nothing to do with abortion, the Supreme Court refused to knock it down right away. And just this week, it decided that the original District Court Judge needed to hear more from the plaintiffs - effectively a punt putting women’s rights in Texas on their own 5 yard line.
Which brings us to the Select House Committee investigating the January 6th Insurrection.
Trump’s president records were subpoenaed from the National Archives. Trump sued to prevent their release citing a misunderstanding over Executive Privilege and who has it (SPOILER ALERT - it is not Donald Trump).
He lost in District Court and again in the D.C. Court of Appeals. Trump has been given a deadline of December 23, 2021 to file his appeal.
The District Court and D.C, Court opinions were rightfully rejective of Trump’s arguments.
“On the record before us, former President Trump has provided no basis for this court to override President Biden’s judgment and the agreement and accommodations worked out between the Political Branches over these documents. Both Branches agree that there is a unique legislative need for these documents and that they are directly relevant to the Committee’s inquiry into an attack on the Legislative Branch and its constitutional role in the peaceful transfer of power.
More specifically, the former President has failed to establish a likelihood of success given (1) President Biden’s carefully reasoned and cabined determination that a claim of executive privilege is not in the interests of the United States; (2) Congress’s uniquely vital interest in studying the January 6th attack on itself to formulate remedial legislation and to safeguard its constitutional and legislative operations; (3) the demonstrated relevance of the documents at issue to the congressional inquiry; (4) the absence of any identified alternative source for the information; and (5) Mr. Trump’s failure even to allege, let alone demonstrate, any particularized harm that would arise from disclosure, any distinct and superseding interest in confidentiality attached to these particular documents, lack of relevance, or any other reasoned justification for withholding the documents. Former President Trump likewise has failed to establish irreparable harm, and the balance of interests and equities weigh decisively in favor of disclosure.”
Trump v Thompson, USCA Case #21-5254
It reads like a Court telling the six conservatives on the Court that there is no case or controversy here.
What happens next?
Four Justices decide to hear it. The only question is when and how quickly they will decide the matter
Actually, they sued for to be allowed to file a complaint but a combination of Texas’s court filing plus dozens of failed election fraud cases sort of made out the “no case” case.