A technicality, I understand, but the Jan 6 committee has no prosecutorial authority. If they uncover evidence of crimes (when they uncover etc) they can make a referral to the DOJ. Trump, of course, is taking this to mean that they’re not allowed to uncover evidence of crimes.
In Nixon v. Administrator of General Services (“GSA”), 433 U.S. 425 (1977), this Court rejected former President Nixon’s challenge to the constitutionality of a statute transferring custody of his Presidential
records to the National Archives and prohibiting the destruction of those materials. As relevant here, the Court determined that a former President may be “heard to assert” claims of the Presidential communications privilege over records created during his administration, but made clear that, as with a sitting President, the privilege is qualified and can be overcome by a showing of need.
Which is precisely how Biden made his decision. And just as importantly, how he presented his decision.
Trump’s ringwraith “went on to call the probe an ‘abuse of legislative power,’ suggesting that if the court were to allow the panel to access federal records about the insurrection, such abuses would ‘fester and grow.’”
He’s not lying about the last part because that’s exactly what they intend to do once they regain power. Then they’ll say “see, we told you so and you made us do it”.
Remember, the speech and the riot are NOT the only planning/conspiracy Trump had going.
IMO the actual capitol breech can be seen as a red herring at best, and impossible to prove at worst.
Trump was in league with multiple entities, in multiple venues, constructing multiple plans to obstruct the January 6th proceedings.
Think “Willard Hotel”
His PUBLIC urging to Mike Pence to illegally obstruct
John Eastman’s letter(s) to the states
Jeffrey Clark to be installed as AG, to tell the lie to us that there was voter fraud
Trump’s two phone calls to the Willard Hotel “War Room”
There’s where the provable conspiracy is to be found, in my mind.
That’s just the median. NYS prisons for crack pushers and Driving While Black violators are worse than that, and NYS prisons for real estate pushers and tax evaders are better than that.