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Biden will not invoke executive privilege on Trump records in Jan. 6 probe -White House

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President Joe Biden will not invoke executive privilege to shield former President Donald Trump’s records in relation to an investigation into the deadly January 6 attack on the US Capitol, White House press secretary Jen Psaki said on Friday.

“The president has already concluded that it would not be appropriate to assert executive privilege,” Psaki said. “And so, we will respond promptly to these questions as they arise.”

The U.S. House of Representatives Select Committee investigating the Capitol attack has subpoenaed four members of Trump’s administration, including Mark Meadows and Steve Bannon, the panel’s chairman said on Thursday.

A mob of Trump supporters stormed the Capitol on January 6 as Congress was meeting to certify Democrat Joe Biden’s election victory, delaying that process for several hours as Vice President Mike Pence, members of Congress, staff and journalists fled from rioters.

Trump said he would fight the subpoenas and records request using executive privilege and other grounds.

A Trump spokesman said on Friday the committee has put forth an overly broad request for records that lacks legal precedent.

“Executive privilege will be defended,” said Taylor Budowich, spokesman for Trump’s Save America political action committee.

Executive privilege allows the White House to refuse to comply with demands for records such as congressional subpoenas or Freedom of Information Act requests. The legal principle is rooted in the idea that some privacy should be given to presidential advisers so they can have candid discussions.

A sitting president in the past has used executive privilege to keep records and communications from an earlier administration secret, but it is rare.

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