A federal judge in the District of Columbia Tuesday denied a motion from former president Donald Trump to block enforcement of an order she had yet to issue. On Monday night, the former president asked Judge Tanya Chutkan to issue an administrative stay preventing the National Archive from releasing more than 750 pages of documents to the January 6 Congressional committee.
Before the judge could rule on the motion, Trump filed a second motion asking the court to stay the first. Trump’s attorney, Jesse Binnall, claimed that the second motion was necessary to prevent the National Archives from immediately transmitting documents before they could move to block it.
Chutkan said that she would consider a request for a stay after she issued her ruling. Courts can not issue administrative stays unless an appeal is pending, and an appeal cannot take place until an adverse ruling is actually issued.
Trump sued the House Select Committee on January 6 and David Ferriero, Archivist of the United States, on October 18. The lawsuit claimed that the committee’s records request to the National Archive is overbroad and illegal. The suit argued that the records request seeks documents not related to the attack on the Capitol building on January 6. It also argued that congressional investigations must be related to a legitimate legislative purpose. Absent a legislative purpose, the investigation would create an oversight role for Congress that disrupts a system of checks and balances.
The National Archives has indicated that it will transmit documents to the committee Friday afternoon, provided Chutkan denies Trump’s preliminary injunction.