Trump Claims Executive Privilege To Keep More Than 4,000 January 6 Documents Locked Up

Legal Issues

from the rewriting-history dept

The administration that is busy erasing history from any federal entity tasked with preserving it has an additional ally in the burying-the-bad-news business: Donald Trump, the former president.

Yes, it’s all stupid and weird and incredibly dangerous, but the guy who used to be president has been sued by multiple litigants over his tacit involvement (and deliberate encouragement) of the attack on the Capitol building that was intended to prevent the peaceful transition of power to the winner of the 2020 election, Joe Biden.

In perhaps the ultimate affront to the rule of law Trump claims to value, he not only persists in spreading conspiracy theories about the attack, but also pardoned pretty much every one of his supporters who had been charged and/or convicted of federal crimes for their participation in the invasion of the Capitol building immediately after re-taking the Oval Office.

Trump was out of office by the time he was sued, but he’s insisting documents and communications related to an undeniable act of insurrection are protected by his (now-recurring) executive privilege. Trump was sued five years ago by officers injured during the insurrection. The plaintiffs are asking for access to thousands of documents related to the Capitol raid on January 6, 2021. The slowly grinding wheels of the justice system have finally brought us to this point, reported last week by Kyle Cheney for Politico.

President Donald Trump has asserted executive privilege to prevent courtroom adversaries from accessing evidence in a long-running lawsuit that accuses him of stoking violence at the Capitol on Jan. 6, 2021.

The Justice Department disclosed Trump’s secrecy claim Wednesday in a hearing related to that five-year-old lawsuit, brought by police officers injured while attempting to repel the violent mob that day. The officers say Trump’s incendiary remarks to a crowd of supporters — and his direction that they march on the Capitol — fueled the riot that nearly derailed the transfer of power from Trump to Joe Biden and left 140 officers injured.

White House spokesperson Abigail Jackson claims there’s nothing to see here. It’s not a president trying to bury his legacy of violence. It’s just the normal response to a “overly broad request” by the injured cops who understandably would like to see a bit of justice done.

The records sought reside at the National Archives. The National Archives, in response to the request by the plaintiffs, has finally responded with more detail to the September 2024 subpoena, letting the public know that Trump aims to keep every requested document out of the public’s hands.

NARA’s two-page response [PDF] provides two lists of records. The first is the largest: the number of documents Trump says can’t be released at all due to alleged “executive privilege.”

NARA identified 7,397 records responsive to the request. In accordance with 36 C.F.R. § 1270.44(c), on February 3, 2025, the Archivist notified the President of his intent to disclose the records.

On December 1, 2025, the President notified the Acting Archivist that he had determined that 4,152 records are subject to a constitutionally based claim of executive privilege.

So, that’s more than half the records. And Trump insists all of those are covered by his executive privilege. This litigation — combined with Trump’s assertions — has put NARA in a position it’s generally not familiar with, as it points out in its court filing:

The December 1, 2025 notification contains a list of each file the President asserted is subject
to constitutionally based privilege. NARA generally does not otherwise log records that are
subject to a constitutionally based claim of executive privilege.

The log has also been submitted to the court. It means nothing to anyone since it includes nothing more than list items only identifiable by NARA archivists. The only thing anyone outside of NARA can discern from this 53-page filing is that some of the records Trump wishes to keep from being made public are text messages.

And while it’s insane to believe more than half of these documents are covered by executive privilege (a privilege that certainly shouldn’t seem to apply to documents dealing with an insurrection attempt by disgruntled Trump voters), Trump’s not simply satisfied to keep these 4,000+ documents from being handed over to the people suing him.

Trump is also insisting whatever does get handed over can’t be made public, either.

The remaining 3,245 records can be released to the litigants, subject to a protective order prohibiting their use or disclosure outside this litigation.

This means anything reluctantly and begrudgingly turned over to the plaintiffs will be immediately sealed, further separating the public from the facts surrounding Trump’s actions during this insurrection attempt committed by people who are now free to do whatever they want in support of Trump because they know Trump (and the MAGA-cooked GOP) will give them official forgiveness for any crimes they commit out of loyalty to America’s autocrat.

If Trump manages to make all of this happen, he can go right back to his daily gaslighting and conspiracy theorizing. For the moment, however, he needs the courts to agree it’s okay to bury anything that might make him look worse than he already does. And with the Supreme Court majority going all in all of the time for Trump, there’s a good chance he’ll be able to wish his support of insurrection into the legal cornfield and replace the facts with whatever narrative seems to be the most flattering.

Filed Under: donald trump, executive privilege, insurrection, january 6, litigation, national archives, trump administration