U.S. District Judge Tanya Chutkan stated that “this court will not effectively ignore its own reasoning in denying injunctive relief in the first place to grant injunctive relief now.”
The former president had previously stated that he was able to use executive privilege to block the House Select Committee on the January 6 attack from receiving White House records related to that day.
However, Judge Chutkan had ruled that, since Trump is no longer the president, he does not have the right to exert such a privilege. She added that the right of executive privilege to block government records lies solely with the current commander-in-chief, and President Joe Biden’s administration has repeatedly denied requests to seal Trump’s documents.
“[Trump’s] position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ’exists in perpetuity,’” Chutkan wrote in her original decision Tuesday. “But Presidents are not kings, and Plaintiff is not President.”
Now that Chutkan has also denied Trump’s injunction, his last effort is the decision of the U.S. Circuit Court of Appeals. However, the court would have to uphold his use of executive privilege and reverse Judge Chutkan’s decision, which experts have stated is very unlikely.
The federal appeals court, however, does not have to make a decision on the matter until Friday. Coincidentally, Politico legal reporter Kyle Cheney noted that Friday is also the last day that the release of January 6 records could be halted; otherwise, they will be turned over to the House Select Committee.
Additionally, the federal appeals court is also closed on Thursday for the Veterans Day holiday, meaning the court would have to make an uncharacteristically quick decision Friday morning.
Assuming that the appeals court does not side with Trump, the documents the House Select Committee will receive Friday include a variety of papers from his former chief of staff, Mark Meadows, in addition to White House visitor and phone call logs.
An additional set of documents is also slated to be turned over to the committee on November 26.
All previous presidential administration records are held by the U.S. National Archives, and attorneys for the agency have stated that they do not have any legal recourse to block the release of the documents.
With this latest decision, Trump has now lost all three federal cases that have been heard by Judge Chutkan.
Chutkan, a former trial attorney, was appointed to the U.S. District Court in 2014 by former President Barack Obama.
Newsweek has reached out to Trump’s office for comment.
(11/10/2021, 10:30 p.m. ET): This story has been updated with additional information.