WASHINGTON — A federal judge on Wednesday rejected a third attempt by former President Donald Trump to halt the release of records about the Jan. 6 insurrection.
“In his renewed motion, despite the fact that he requests essentially the same relief as in his original preliminary injunction motion, [Trump] has not advanced any new facts or arguments that persuade the court to reconsider its November 9, 2021, Order,” U.S. District Court Judge Tanya Chutkan wrote.
President Biden said in October that he would not block the release of Trump administration documents requested by the House committee investigating Jan. 6. Trump then filed an initial lawsuit to block the transfer of these records to the National Archives and Records Administration, claiming they were protected by executive privilege.
The former president filed an emergency motion on Monday — after Chutkan heard the case the week prior — requesting that she issue a pre-emptive stay to halt the release of records in the case that she ruled against him. Chutkan, who sits on the U.S. District Court for the District of Columbia, rejected the motion, calling it “premature.”
Chutkan ruled on Tuesday night in the original lawsuit, finding that Trump’s assertion of executive privilege does not override that of President Biden. This allows the National Archives to move forward with the records request, which has a deadline of Nov. 12.
Trump immediately appealed the decision to the U.S. Court of Appeals for the D.C. Circuit. However, he also filed the motion on Wednesday, essentially requesting the same emergency ruling as he did on Monday.
Chutkan rejected the request, claiming that Trump’s attorney did not present any new arguments. She also said her decisions do not trigger any harm as Trump’s attorney claimed, given that he still has time to seek relief through the appellate court before the records are released on Nov. 12. However, federal courts are closed on Thursday for Veterans Day.
“This court will not effectively ignore its own reasoning in denying injunctive relief in the first place to grant injunctive relief now,” Chutkan wrote.
Trump’s attorney filed a similar motion with the appellate court on Thursday, asking it to halt the release of records while the appeal is pending.
“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 brief said.