I had been wondering what was taking the DC circuit so long to issue a ruling on Trump’s appeal for an injunction on the J6 documents subpoenaed by the House J6 Committee, with an exertion of executive privilege. Then the Court issued a ruling just a few hours ago.
While I agree with the general outcome of the ruling, I am somewhat disappointed in the ruling itself. The Court seems to be treating Trump with undue respect in its ruling that dances around the issue of whether Trump has a valid executive privilege claim. It basically says that the current president waived privilege and Trump’s attorneys did not demonstrate any irreparable harm from the J6 documents release to the Committee.
Forget that Trump is no longer the executive and has as much right to claim privilege as do I; no need to bring that up. Forget that the Presidential Records Act reserves for congress exclusive access to records from previous administrations in no uncertain terms; no need to bring that up. These things matter so little it’s just not worth throwing into the ruling even as footnotes (and people wonder what the heck is wrong with our government!).
Of course, when one is in the habit of claiming executive privilege over anything and everything that may result in personal indictment, or even just because he can without any need of explaining it, and attempts to do so even after they become a private citizen again, the attorneys for one so arrogant go in to argue his case without any explanation or demonstration of harm. Though I suppose they would be hard pressed to admit that the only real harm done would be to Trump himself in the form of justice.
In simpler terms, Trump’s claim of Executive Privilege over these documents makes little sense, unless one assumes that where there’s smoke, there a fire. The one thing that Trump wants more than anything else is to have his claim of voter fraud causing his electoral loss vindicated. And certainly, if he had any previously undisclosed evidence that the election was stolen, he wouldn’t have any issues with these documents being released. At the very least I’d have more sympathy for what he did afterward, though still completely over the line of acceptable behavior.
But none of these nuggets of vindication exist. All there is is more of the same stuff we’ve already seen from a loser so incredibly sore, extreme seditious conspiracy is not beyond him, even in the context of being the “leader of the free world.”
PS: By the way, those who are gung ho on the idea of alternate slates of electors when the election result is not what is desired forgot to read the 14th Amendment. There’s nothing in this world that is free, and pulling such a stunt would be very expensive in tangible terms.