Donald J. Trump v. Bennie G. Thompson

Summary

The D.C. Circuit affirmed the denial of a preliminary injunction, holding that former President Trump’s claim of executive privilege over presidential records sought by the January 6th Committee was outweighed by the incumbent President’s determination that asserting privilege was not in the best interests of the United States, combined with Congress’s compelling need to investigate the violent attack on the Capitol. The court emphasized that the incumbent President is the principal holder of executive privilege and best positioned to assess the Executive Branch’s current needs, and that the Political Branches had reached an accommodation through negotiation. The court also found that the Committee had a valid legislative purpose and that Trump failed to show irreparable harm or a likelihood of success on the merits.

Holdings

1. Former President Trump failed to establish a likelihood of success on the merits because President Biden's carefully reasoned and cabined determination that assertion of executive privilege is not in the best interests of the United States, combined with Congress's uniquely vital interest in investigating the January 6th attack, the relevance of the documents, and the absence of any particularized harm from disclosure, outweighs the former President's generalized interest in confidentiality.
2. Former President Trump failed to establish irreparable harm because President Biden, as the incumbent, determined that disclosure advances the interests of the Executive Branch and the United States, and the unique circumstances of the January 6th attack mitigate any potential harm to the confidentiality of presidential communications.
3. The balance of equities and public interest weigh decisively in favor of disclosure, given the strong public interest in Congress's investigation of the January 6th attack and the President's determination that disclosure is in the best interests of the United States.

Questions Presented

1. Whether, despite the exceptional circumstances of the January 6th attack and President Biden's decision not to invoke executive privilege, a federal court can override President Biden's judgment and prevent disclosure of the documents to the January 6th Committee.
2. Whether former President Trump met the criteria for a preliminary injunction, including likelihood of success on the merits, irreparable harm, and balance of equities.

Disposition

affirmed