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Trump attorneys to ask federal judge to keep records from Jan. 6 investigators

By Clyde Hughes   |   Nov. 4, 2021 at 7:36 AM
Sgt. Aquilino Gonell of the U.S. Capitol Police wipes away tears Tuesday as he testifies before members of the Select Committee investigating the January 6 attack on the U.S. Capitol. Pool Photo by Jim Lo Scalzo/UPI Rep. Ann McLane Kuster (C), D-N.H., joined by Rep. Veronica Escobar, D-Texas, reacts as she speaks with Gonell following the the hearing. Pool Photo by Oliver Contreras/UPI About 140 police officers were injured and five died when they were trampled by supporters of former President Donald Trump aiming to overthrow the 2020 presidential election. Pool Photo by Andrew Harnik/UPI Tuesday marked the first hearing for the committee. Pool Photo by Andrew Harnik/UPI Capitol Police Pvt. Harry Dunn (R) testifies, while other officers listen. Pool Photo by Chip Somodevilla/UPI Metropolitan Police Officer Daniel Hodges listens to testimony. Pool Photo by Brendan Smialowski/UPI Rep. Liz Cheney, R-Wyo., (L) and Rep. Adam Kinzinger, R-Ill., listen as Rep. Elaine Luria, D-Va., speaks during the House select committee hearing. Pool Photo by Andrew Harnik/UPI Rep. Zoe Lofgren, D-Calif., questions witnesses during the hearing. Pool Photo by Chip Somodevilla/UPI Kinzinger reacts during officer testimony. Pool Photo by Jim Lo Scalzo/UPI Rep. Jamie Raskin, D-Md., listens during the hearing. Pool Photo by Andrew Harnik/UPI Rep. Stephanie Murphy, D-Fla., listens to testimony. Pool Photo by Chip Somodevilla/UPI Metropolitan Police officer Michael Fanone testifies, "As I was swarmed by a violent mob, they ripped off my badge, stripped me of my radio and seized ammunition that was secured to my body. They began to beat me with their fists and what felt like hard metal objects." Pool Photo by Oliver Contreras/UPI Dunn listens to testimony from other officers. Pool Photo by Andrew Harnik/UPI Hodges (L) and Dunn testify before the committee. Five people died. Pool Photo by Chip Somodevilla/UPI Dunn listens with his head in his hand while Hodges testifies. Pool Photo by Brendan Smialowski/UPI Rep. Adam Schiff, D-Calif., questions witnesses during the hearing. Pool Photo by Andrew Harniki/UPI Committee Chairman Rep. Bennie Thompson, D-Miss., speaks during the hearing. Pool Photo by Andrew Harnik/UPI From left to right, Cheney greets Gonnell as Kinzinger hugs Fanone before his testimony. Pool Photo by Oliver Contreras/UPI From left to right, Gonell, Fanone, Hodges and Dunn are sworn in to testify. Pool Photo by Andrew Harnik/UPI Fanone (R) touches Gonell as he sits to testify. Pool Photo by Brendan Smialowski/UPI

Nov. 4 (UPI) -- For the first time, a federal judge on Thursday will hear arguments from attorneys of former President Donald Trump that will ask the court to block the release of numerous records from his administration to the congressional Jan. 6 investigative committee.

Trump's lawyers will try to persuade the judge to issue an injunction to keep the National Archives and Records Administration from giving the documents to House investigators as part of the broad inquiry into the attack on the U.S. Capitol by radical Trump supporters.

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The attorneys' main claim in seeking the restraining order is executive privilege, which allows presidents and former presidents under certain circumstances to keep records confidential and shields them from some congressional and judicial subpoenas.

The privilege, however, is based in the notion that revealing certain information or records would pose a threat to national security or impair the operations of the federal government.

It wasn't clear how Trump's attorneys plan to make such an argument relating to the items sought by House investigators, which include call records, visitor logs and unseen files from Trump's senior aides.

U.S. District Judge for the District of Columbia Tanya Chutkan will hear the arguments.

The Jan. 6 committee is trying to determine whether Trump actively instigated the Capitol assault, which killed several people and injured dozens, and to thwart potential future attacks.

Federal judge Beryl Howell, chief of the U.S. District Court in Washington, D.C., has been advising targets of the committee to cooperate with the House investigation, saying that their actions in the case amounted to more minor infractions.

"The rioters attacking the Capitol on Jan. 6 were not mere trespassers engaging in protected First Amendment conduct or protests," Howell said in one sentencing, according to Politico. "Countless videos show the mob that attacked the Capitol was violent."

"Everyone participating in the mob contributed to that violence," he added. "The damage to the reputation of our democracy, which is usually held up around the world but that reputation suffered because of Jan. 6."

Trump's attorneys are expected to appeal the issue all the way to the U.S. Supreme Court, if necessary.