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Statement from the National Archives
Uploaded by KZN02 Jan 20, 2022 at 10:04PM EST
Origin Entry: January 6th, 2021, Storming of the United States Capitol
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![Cite as: 595 U. S. (2022) 1 SUPREME COURT OF THE UNITED STATES No. 21A272 DONALD J. TRUMP, FORMER PRESIDENT OF THE UNITED STATES v. BENNIE G. THOMPSON, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE UNITED STATES HOUSE SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE UNITED STATES CAPITOL, ET AL. ON APPLICATION FOR STAY OF MANDATE AND INJUNCTION PENDING REVIEW [January 19, 2022] The application for stay of mandate and injunction pend- ing review presented to THE CHIEF JUSTICE and by him re- ferred to the Court is denied. The questions whether and in what circumstances a former President may obtain a court order preventing disclosure of privileged records from his tenure in office, in the face of a determination by the incumbent President to waive the privilege, are unprece- dented and raise serious and substantial concerns. The Court of Appeals, however, had no occasion to decide these questions because it analyzed and rejected President Trump's privilege claims "under any of the tests [he] advo- cated," Trump v. Thompson, 20 F. 4th 10, 33 (CADC 2021), without regard to his status as a former President, id., at 40–46. Because the Court of Appeals concluded that Presi- dent Trump's claims would have failed even if he were the incumbent, his status as a former President necessarily made no difference to the court's decision. Id., at 33 (noting no “need [to] conclusively resolve whether and to what ex- tent a court," at a former President's behest, may "second guess the sitting President's" decision to release privileged](https://i.kym-cdn.com/photos/images/newsfeed/002/294/172/241 "SCOTUS Rules Against Blocking Release of Trump's Records")
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January 6th, 2021, Storming of the United States Capitol - Statement from the National Archives
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