Trump case risks court dismissal, experts say – .

Trump case risks court dismissal, experts say – .

Courts are expected to dismiss former President Donald Trump’s lawsuit on Monday in hopes of stopping the House of Representatives investigation into the Jan.6 Capitol uprising.
Legal experts and a member of the January 6 House special committee said The independent the lawsuit is more of a public relations document than a legal document.

Mr Trump filed a complaint Monday against Representative Bennie Thompson – the Mississippi Democrat who heads the special committee to investigate the Jan.6 attack on the Capitol – as well as the committee itself, the National Archives and Records Administration and United States Archivist David Ferriero, hoping to prevent the committee from obtaining White House documents that could detail what Mr. Trump and his advisers were doing before and during the pro-Trump mob attack on Capitol Hill.

Among other things, the lawsuit is asking a court to declare unconstitutional the Presidential Records Act – the post-Watergate law that governs the creation, processing and storage of White House records during and after the end of the presidential term. Mr Trump is represented by Jesse Binnall, a Virginia-based lawyer who tried unsuccessfully to help him overturn the 2020 Nevada election results.

In a statement, Trump spokesman Taylor Budowich said Mr. Trump had filed a lawsuit “in defense of the Constitution, the President’s office and the future of our nation, that the bogus committee of deselection tries to destroy ”. He added that the committee’s efforts are a “Communist-style attempt to silence and destroy the America First patriots through this hyper-partisan and illegitimate investigation.”

Bradley Moss, a Washington, DC-based litigator, was blunt in his assessment of the legal merits of the lawsuit.

“I wrote better pleadings in law school,” he said in a text message to The independent.

When asked to explain himself further, Mr Moss called the document “a great public relations plea designed to raise more money than anything else” and said “much of the comments in the document are simply unnecessary or irrelevant, and that is not how most lawyers frame prosecutions ”.

“The facts are one thing: endless legal commentary is another and this lawsuit is overflowing with it,” he added.

Norm Eisen, who was counsel for the House Judiciary Committee when Mr. Trump was first impeached, called Mr. Trump’s trial a “hopeless gamble” that is “doomed to failure.”

“He suffers from a central flaw from the first page to the last, namely that he constantly refers to the ‘president’, he forgets that this individual is now called Joe Biden, not Donald Trump,” he said. he declares.

“So it’s Joe Biden who determines whether executive privilege applies, not Donald Trump, and therefore the whole trial premise that there is executive privilege to be protected here fails. And the separation of powers arguments that are invoked in the trial apply to Joe Biden, who is the current president to whom this constitutional doctrine is relevant, period, ”he continued. “Donald Trump is a former president, whose limited rights to comment on these documents have been fully acquitted and rejected by the Biden administration.”

And Maryland Representative Jamie Raskin – a former constitutional law professor and member of the Jan. 6 select committee – said Mr. Trump’s request that the court overturn the Presidential Records Act “shows he is aware that he loses by virtue of the law on presidential archives ”.

“He attacking the statute is unconstitutional, because he loses under the statute. It’s not his. It’s up to the president. And he just doesn’t have any arguments, ”Mr. Raskin said. The independent when reached by phone late on Monday.

“He’s basically saying, ‘I want to try and keep this criminal conspiracy a secret, because it fell within the realm of presidential secrets,” Raskin continued.

“But in any event, under the Constitution… the role of the President is to ensure that the laws are faithfully carried out. The violent insurgency is the opposite, ”he said. “Trump is basically saying he has the constitutional power to topple the government and then keep all of his plans a secret to do so if it fails.”


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