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A federal appeals court on Thursday temporarily blocked the National Archives from releasing White House records to the House Jan. 6 select committee after attorneys for former President Donald Trump filed an emergency motion.
The U.S. Court of Appeals for the District of Columbia Circuit granted the stay that Trump's lawyers requested while they appeal a lower court ruling that the former president cannot keep such documents secret by claiming executive privilege.
It is "ordered that an administrative injunction be entered and appellees the National Archives and Records Administration and the Archivist be enjoined from releasing the records requested by the House Select Committee over which appellant asserts executive privilege, pending further order of this court," the court stated.
The randomly selected three-judge panel of the full court includes two Barack Obama appointees and one judge appointed by President Biden. It will hear oral arguments in the case Nov. 30.
US President Donald Trump speaks to supporters from The Ellipse near the White House on January 6, 2021, in Washington, DC. ( (Photo by Brendan Smialowski / AFP) (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images))
"In this appeal, the Court will consider novel and important constitutional issues of first impression concerning separation of powers, presidential records, and executive privilege," Trump's attorneys wrote in their appeal.
"Put simply, this motion seeks only a brief pause in the production; it will not prejudice the other arguments or requests to be made by the parties in this important appeal," the lawyers added.
The emergency motion came after U.S. District Judge Tanya S. Chutkan's ruled twice against Trump's claims for executive privilege.
President Donald Trump speaks after awarding the Presidential Medal of Freedom, the highest civilian honor, to Olympic gold medalist and former University of Iowa wrestling coach Dan Gable in the Oval Office of the White House, Monday, Dec. 7, 2020, in Washington. (AP Photo/Patrick Semansky)
The National Archives and Records Administration was slated to hand over to the Jan. 6 committee relevant documents, including telephone records and visitor logs, on Friday.
JUDGE ALLOWS JAN. 6 COMMITTEE ACCESS TO SOME TRUMP DOCUMENTS
Trump counsel Jesse Binnall argued in a separate emergency motion filed Tuesday that such documents are being offered up to the committee "before judicial review is complete and before President Trump has had the opportunity to be fully and fairly heard."
Trump's lawsuit also argued that the committee does not have power of investigation.
Trump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. (AP Photo/Julio Cortez)
Binnall said the case "should be decided after thorough but expeditious consideration pursuant to America's judicial review process, both before this Court and on appeal, not by a race against the clock."
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On Monday, the House Jan. 6 select committee issued six subpoenas to Trump associates who were allegedly involved in efforts to cast doubt on the results of the 2020 presidential election or overturn them, including Michael Flynn.
Fox News' Michael Lee and William Mears contributed to this report.
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