WASHINGTON — A federal appeals court ruled on Thursday that Congress may see White House records of former President Donald J. Trump’s communications and movements related to the Capitol attack on Jan. 6, rejecting his claim that the material should remain secret.
In a 68-page ruling, a three-judge panel of the United States Court of Appeals for the District of Columbia held that Congress’s oversight powers, backed by President Biden’s decision not to invoke executive privilege over the material, outweighed Mr. Trump’s residual secrecy powers.
“On the record before us, former President Trump has provided no basis for this court to override President Biden’s judgment and the agreement and accommodations worked out between the political branches over these documents,” Judge Patricia A. Millett wrote. “Both branches agree that there is a unique legislative need for these documents, and that they are directly relevant to the committee’s inquiry into an attack on the legislative branch and its constitutional role in the peaceful transfer of power.”
Mr. Trump is almost certain to appeal the ruling to the Supreme Court. If the appeals court panel declines to stay its ruling while that process plays out, the case may swiftly reach the justices as an emergency request to prevent the National Archives from immediately turning over the material.