Judges Patricia Millett and Robert Wilkins, both Obama appointees, and Ketanji Brown Jackson, a Biden appointee, sit on the appellate panel considering Trump’s request. Jackson, perhaps most known for her 2019 opinion ruling that former Trump White House counsel Don McGahn must comply with a congressional subpoena concerning Russia’s interference in the 2016 presidential election, is considered a top pick for the Supreme Court should there be an opening during President Joe Biden’s term.
The three-judge panel asked lawyers for Trump, Congress and the Biden administration to submit briefs before oral arguments are heard on November 30.
“The purpose of this administrative injunction is to protect the court’s jurisdiction to address appellant’s claims of executive privilege and should not be construed in any way as a ruling on the merits,” the panel wrote in a two-page order.
In total, more than 700 documents from Trump’s presidency had been expected to be turned over by the National Archives to the committee in the coming weeks.
“In this appeal, the Court will consider novel and important constitutional issues of first impression concerning separation of powers, presidential records, and executive privilege,” Trump’s attorneys wrote Thursday.
On Wednesday, the House committee wrote that it needs the Trump White House records quickly so it can continue investigating the attack on Congress.
“The potential harm to the public is immense: Our democratic institutions and a core feature of…
Read More: Democrat-appointed appellate panel pauses release of Trump White House