Trump sues to avoid Jan. 6 committee subpoena – The Washington Post

Photo: Canadian Media

Former President Donald Trump speaks on stage on Election Day, Tuesday, Nov. 8, 2022, in Palm Beach, Fla. (AP Photo/Andrew Harnick)

Former President Donald Trump is suing the House committee investigating the Jan. 6 attack on the U.S. Capitol to block a subpoena calling for him to testify.

While former presidents have voluntarily agreed to give testimony or documents in response to congressional subpoenas in the past, “never has a president or former president been compelled to do so,” the lawsuit said.

“The longstanding precedent and practice holds that the separation of powers prohibits Congress from forcing the president to testify before it,” Trump attorney David A. Warrington said in a statement announcing Trump’s intentions.

He said Trump was “working in good faith with the committee to address these concerns consistent with the prerogative and separation of powers of the executive branch,” but said the panel was “insisting on a political path that leaves President Trump with no choice but to engage in a third department, the judiciary, in this dispute between the executive and the legislative branch.”

Given that the committee is expected to dissolve at the end of the legislative session in January, the lawsuit may doom the prospect of Trump having to testify. The commission did not immediately respond to a request for comment on the lawsuit.

The committee voted to subpoena Trump in the last televised hearing before the midterm elections, and formally did so last month, asking the former president to testify. Committee members said Trump “personally orchestrated” a multi-party effort to overturn the results of the 2020 election.

They said Trump would have to testify in the Capitol or via videoconference “beginning on or around” Nov. 14 and for several days if necessary.

The letter also outlines a comprehensive request for documents, including personal communications between Trump and members of Congress and extremist groups.

In his lawsuit, Trump’s lawyers attacked the subpoena as being too broad and viewed it as a violation of his First Amendment rights. They also argue that sources other than Trump can provide the same information they want from him.

The lawsuit comes as Trump is expected to launch his third presidential campaign next week.

It was filed in the Southern District of Florida, where other Trump attorneys successfully sued to secure a special chief tasked with the records seized by the FBI during an Aug. 8 raid on Mar-a-Lago conduct an independent review.