The Volokh Conspiracy

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Executive Power

DC Circuit Temporarily Blocks Release of White House of January 6 Documents

A panel of the court will hear Trump’s challenge to the release of material on an expedited basis.


Yesterday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit entered an administrative injunction temporarily blocking the National Archives from releasing materials to the House Committee investigating the events of January 6 and then-President Trump's attempt to retain power or alter the results of the 2020 election. The effect of this order is to delay disclosure of the contested documents so that the court may consider Trump's challenge to the district court decision rejecting the former President's privilege claims.

The court's brief order, entered on behalf of Judges Millett, Wilkins, and Jackson, also set an extremely expedited briefing schedule for the panel's consideration of Trump's privilege claims. Briefs are due next week, and oral argument will be heard on November 30.