Joe Biden’s White House is about to face the tricky choice of how much material from the Donald Trump White House — if any — it gives to the Jan. 6 select committee
Other experts concurred, saying Biden is likely to side with Trump and against the select committee led by his fellow Democrats in at least some cases. That’s because all presidents know that they will eventually be former presidents — and most are loath to weaken the privilege they may someday want to assert. One person familiar with the negotiations between the select committee and White House said to expect Biden’s team to err on the side of disclosure given the gravity of the Jan. 6 attack.
“I think not asserting executive privilege, given the nature of the documents they’re asking for, would set a very bad precedent,” he added. “But the current occupant of the White House can set all sorts of bad precedents.” “In this instance, where you’re investigating an insurrection that occurred at the Capitol and whether anybody in the White House knew about it ahead of time, then there’s a pretty compelling argument that Congress’ need for the information outweighs any White House interest in withholding it,” said Owens, who also helped the House sue to compel former Trump White House ounsel Don McGahn to testify.
She added that she thinks Biden’s White House will probably greenlight the release of some, but not all, materials the Hill wants. Saikrishna Prakash, a law professor at the University of Virginia, took the same view.
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