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A28 u.s. news
Diaranson 1 December 2021

Appeals court weighs Trump arguments to withhold records

know what promises a for- Democratic presidents nom- fought the committee in
mer president had made to inated all three judges who court and in Congress by
that leader. The incumbent heard arguments Tuesday. claiming that the former
might seek to release a tran- Millett and Judge Robert president can still exert ex-
script of a phone call or other Wilkins were nominated ecutive privilege to prevent
records from the previous by former Barack Obama. cooperation. Their efforts
administration for national Judge Ketanji Brown Jackson have delayed for months the
security reasons, the judge is a Biden appointee seen as production of key informa-
said. a contender for a Supreme tion to the committee.
Court seat should one open
“To be clear, your position is a during the current adminis- Former chief of staff Mead-
former president could come tration. ows and former adviser Steve
in and file a lawsuit?” Mil- Bannon have resisted efforts
lett said. Trump lawyer Jus- Jackson said Tuesday that she by the House panel to ob-
tin Clark responded, “That is questioned whether judges tain documents and ques-
our position.” should intervene in a dispute tion them about possible
where the executive and leg- meetings with Trump before
(AP) — A panel of judges been federally charged. Nine To a lawyer for the House islative branches agree but a the riot. The Justice Depart-
on Tuesday questioned people died during and after committee, Millett raised a former president doesn’t. ment has indicted Bannon
whether they had the the rioting. scenario where a newly elect- on a contempt of Congress
authority to grant for- ed president might seek retri- “The court swooping in to do charge. Meadows, seeking to
mer President Donald The National Archives has bution against a disliked pre- some sort of balancing test ... avoid the same, is now co-
Trump’s demands and said that the records Trump decessor. The new president actually raises its own sepa- operating, the committee’s
stop the White House wants to block include presi- and a Congress led by the ration of powers concerns chairman said Tuesday.
from allowing the release dential diaries, visitor logs, same party might declare that in terms of the power of the
of documents related to speech drafts, handwritten there was a national security court to resolve or to second- In their appeal to the circuit
the Jan. 6 insurrection led notes “concerning the events interest in releasing all of the guess what this executive is court, Trump’s lawyers said
by Trump’s supporters. of January 6” from the files former president’s records, saying,” she said. they agreed with Chutkan
of former chief of staff Mark even at the risk of endanger- that presidents were not kings
But the judges also noted Meadows, and “a draft Ex- ing people’s lives, she said. Given the stakes of the case, who must not be challenged.
that there may be times when ecutive Order on the topic of either side is likely to appeal “True, but in that same vein,
a former president would be election integrity.” “Needless to say, the former to the Supreme Court. Congress is not Parliament
justified in trying to stop the president comes to court, — a legislative body with su-
incumbent from disclosing Compared to U.S. District (says), ‘Hang on,’” Millett Despite Trump’s false claims preme and unchecked con-
records. Judge Tanya Chutkan, whose said. “What happens?” about a stolen election, the stitutional power over the
ruling Trump is contesting, results were confirmed by operations of government,”
The U.S. Court of Appeals the three judges on the ap- She did not say she was re- state officials and upheld they wrote.
for the District of Colum- peals court spent relatively ferring to any president and by courts. The last attorney
bia Circuit heard arguments little time weighing the im- rejected committee lawyer general appointed by Trump, Trump has argued that re-
from lawyers for Trump and portance of the documents Douglas Letter’s response William Barr, has said the cords of his deliberations on
the House committee seek- themselves. They instead referencing a president who Justice Department found Jan. 6 must be withheld to
ing the records as part of its focused most of the hearing “fomented an insurrection.” no evidence of widespread protect executive privilege
investigation into the Capitol Tuesday on what role federal fraud. for future presidents and that
riot. Trump’s attorneys want courts should have when an “We’re not going to make it the Democrat-led House is
the court to reverse a federal incumbent president and that easy,” she said. In explaining why Biden has primarily driven by politics.
judge’s ruling allowing the former president are at odds not shielded Trump’s records, The House committee’s law-
National Archives and Re- over records from the for- Letter argued the determina- White House counsel Dana yers rejected those arguments
cords Administration to turn mer’s administration. tion of a current president Remus has written that they and called Trump’s attempts
over the records after Presi- should outweigh predeces- could “shed light on events to assert executive privilege
dent Joe Biden waived execu- The judges sharply ques- sors in almost all circum- within the White House on “unprecedented and deeply
tive privilege. tioned both sides and chal- stances and noted that both and about January 6 and bear flawed.”
lenged them with hypotheti- Biden and Congress were in on the Select Committee’s
Trump supporters broke into cal scenarios. agreement that the Jan. 6 re- need to understand the facts “It is difficult to imagine
the Capitol on Jan. 6 after a cords should be turned over. underlying the most seri- a more critical subject for
rally near the White House To Trump’s lawyers, Judge ous attack on the operations Congressional investigation,
where he made false claims Patricia Millett suggested “It would be astonishing for of the Federal Government and Mr. Trump’s arguments
of election fraud and chal- a situation where a current this court to override the since the Civil War.” cannot overcome Congress’s
lenged them to “fight like president negotiating with current president and Con- pressing need,” the commit-
hell.” About 700 people have a foreign leader needed to gress,” Letter said. Trump and his allies have tee’s lawyers said.

Ancient juniper trees illegally cut in New Mexico monument

(AP) — Several dozen ancient alliga- Officials said the trees that were cut down
tor juniper trees have been illegally cut were likely hundreds of years old.
down at El Malpais National Monu-
ment in western New Mexico and au- Lisa Dittman, a spokeswoman for the na-
thorities with the National Park Ser- tional monument, said Tuesday that offi-
vice are trying to find out who’s re- cials don’t know why the trees are being tar-
sponsible. geted or what they’re being used for. Rural
New Mexico residents frequently cut wood
Known for their unique furrowed bark, al- in the fall to help with winter heating needs,
ligator junipers grow very slowly. A seed can but cutting trees at El Malpais is illegal.
take up to 18 months to mature after pol-
lination and the growth rate for young trees The cutting of alligator junipers affects bio-
is about 0.6 inches (1.5 centimeters) per de- diversity within the monument and officials
cade, slowing as they get older. said the area will take many decades to re-
cover.