Trump's plan to stop Biden disclosing details of what he as the Capitol riot unfolded probably won't work, experts say
Former President Donald Trump at the White House on October 10, 2018 in Washington, DC. Win McNamee / Getty Images
Donald Trump wants to use executive privilege to prevent information from being passed on to a committee investigating the Capitol uprising.
The committee has requested information from Biden's White House about Trump's behavior during the uprising.
However, legal experts said executive privileges do not extend to former presidents.
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President Donald Trump's plan to block the publication of information about his behavior during the Capitol Riots is unlikely to be successful, legal experts warned.
A bipartisan congressional committee is currently investigating the January 6th, which saw hundreds of rioters stormed the US Capitol, killing five people, including one police officer.
Some of the information the committee requested about the conduct of Trump and his aides during the Jan. 6 riot came from the White House itself.
This means that President Joe Biden's administration has a role to play in deciding whether to release her. The Wall Street Journal reported, citing two anonymous sources, that Biden tends to make the information public.
Trump said he plans to cite "executive privilege" in an attempt to block various requests for information from the committee, the Journal reported.
Executive privilege is a legal term that presidents use to justify withholding information on the grounds that it would affect the proper functioning of the government.
For Trump to successfully appeal, a court would have to accept that executive privilege can be exercised by someone even after they have left. According to two legal scholars, this is unlikely.
Barbara McQuade, a legal analyst for MSNBC, said Trump will likely delay efforts by the White House to release information about the Capitol uprising, but will ultimately not be able to stop it.
"I think ultimately he can't [claim executive privilege]," she said on MSNBC Thursday.
“I think it will ultimately be a decision for the Biden White House, but I think he can do enough to file a lawsuit in court and wait for a lawsuit to be initiated.
"So I think he can try to slow things down, but I think at the end of the day Congress will prevail and get the documents and witnesses it wants."
Rep. Jamie Baskin, a constitutional lawyer and a member of the committee of inquiry investigating the January 6 events, told the Washington Post that Trump could not invoke executive privilege because it does not exist for former presidents.
"It's not really relevant because there is no president involved - there is no executive privilege of a former president," he said.
The committee released its first subpoenas in the investigation of several of Trump's closest former employees on Thursday.
It has also requested records from telecommunications and social media companies, the Wall Street Journal reported.
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