1. United States
  2. Utah
  3. Letter

Oppose Trump's Executive Privilege Claim in January 6 Police Officers' Lawsuit

To: Pres. Trump, Rep. Dailey-Provost, Sen. Curtis, Gov. Cox, Rep. Maloy, Sen. Plumb, Sen. Lee

From: A constituent in Salt Lake City, UT

December 4

I am writing to express my outrage over President Trump's assertion of executive privilege to withhold records from police officers injured during the January 6, 2021 Capitol riot. This abuse of executive power undermines accountability and denies justice to the 140 officers who were injured protecting our democracy. These officers filed their lawsuit five years ago, alleging that Trump's incendiary remarks at the Ellipse and his direction for supporters to march on the Capitol fueled the violent attack that attempted to derail the peaceful transfer of power. They have faced protracted delays in accessing White House records now held by the National Archives. The year-old subpoena seeks critical documents about the January 6 rally, efforts to get Trump to issue statements regarding the violence, records about the potential for violence, and communications about alleged election fraud and strategies to overturn the November 2020 election results. U.S. District Judge Amit Mehta refused to dismiss these cases in 2022, noting indications that Trump may have been aware some supporters were armed and that he discouraged security checks that would have screened for weapons. The D.C. Circuit sent the cases back for fact-finding to determine whether Trump's actions were official or unofficial. Now Trump is using executive privilege to prevent these facts from coming to light. This privilege claim is part of a broader effort to rewrite the narrative of January 6. Trump has pardoned more than 1,500 people charged for their role in the attack and issued sweeping pardons for prominent allies involved in the effort to subvert the election. While the Supreme Court previously allowed the Archives to turn over records during Congressional investigations, a sitting president's privilege claim carries more weight than a former president's. I urge you to publicly oppose this abuse of executive privilege and support legislation that would limit its use to shield presidents from civil liability for actions that harmed law enforcement officers. These officers deserve their day in court with access to all relevant evidence.

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