On CNN Monday, former House impeachment counsel Norm Eisen laid out why former President Donald Trump has no grounds to sue to block the release of White House records to the January 6 House committee.
"I do not think that this lawsuit that was filed today is going to result in the withholding of these documents," Eisen told anchor Chris Cuomo. "The president is essentially making two arguments, Chris. He's saying, first, this is an overbroad subpoena, the committee is asking for too much. And second, that even if it's not overbroad, these documents are protected by executive privilege, the confidentiality that the law enshrines for presidential communications."
Eisen argued, however, that it is well within Congress's right to investigate an attack on itself, which is exactly what happened on January 6th.
"So clearly this is not overbroad," he said. "They're doing their job. And then on executive privilege, the complaint talks again and again about the president. But Donald Trump is not the president. Joe Biden is the president. Joe Biden is the one who decides whether to apply these confidentiality rules. And he said no as to the initial set of documents. So I don't think it will work. And as you point out, it's a delay game."
Eisen then pointed to the unique nature of the Trump complaints.
"Nobody has had the chutzpah to make these arguments before," added Eisen. "And Donald Trump is hoping to tie up the courts in the aspiration that Congress flips and he gets out of his subpoenas."
Norm Eisen on Trump's lawsuit to block release of White House records to Jan 6 committee www.youtube.com