Among the documents Mr. Trump claimed executive privilege over were proposed talking points for Kayleigh McEnany, his former press secretary; a handwritten note regarding January 6; a draft text of a presidential speech for the “Save America” rally that preceded the mob attack; and a draft executive order on the topic of election integrity, the filing says.
Mr. Trump has also sought to block the release of the records of Mark Meadows, his former chief of staff; Stephen Miller, his former senior adviser; and Patrick F. Philbin, his former assistant attorney. Mr Trump has also sought to stop publication of the White House Daily Diary – a record of the president’s movements, phone calls, trips, briefings, meetings and activities – as well as logs showing the calls phone calls to President and Vice President Mike Pence. regarding January 6.
Finally, Mr. Trump tried to keep secret a draft proclamation honoring Capitol police and two officers who died after the riot, Brian D. Sicknick and Howard Liebengood, and related emails; a memo about a possible multi-state lawsuit that Mr. Biden won; an email chain from a government official regarding election-related matters; and talking points about alleged election irregularities in a Michigan county.
Mr. Trump told the justices he had a constitutional right to protect congressional documents even though Mr. Biden refused to invoke executive privilege over them.
“The disagreement between an incumbent president and his predecessor from a rival political party,” Mr. Trump’s lawyers told the court, “is both novel and underscores the importance of executive privilege and the ability of presidents and their advisers to give and receive reliable and frank advice, without fear that communications will be made public to achieve a political objective.
Lawyers for the House committee responded that the Supreme Court should not thwart its investigation. “The work of the select committee,” they wrote, “is of the utmost importance and urgency: to investigate one of the darkest episodes in our nation’s history, a deadly assault on the Capitol and Congress. of the United States, and an unprecedented disruption of the peaceful transfer of power from one president to another.
Judge Brett M. Kavanaugh, who served as President George W. Bush’s personal secretary, was the only judge to issue a signed opinion in the case. He said the appeals court, in a passage the majority said was non-binding, got its analysis wrong.