Lawyers for all sides were told they should be prepared to address whether the court even has the legal authority to hear the dispute.
A federal court order late Tuesday may be a worrisome sign for former President Donald Trump in his effort to assert executive privilege over documents sought by a House committee investigating the Jan. 6 attack on the Capitol.
The U.S. Circuit Court of Appeals for the District of Columbia notified lawyers for Trump, the House committee and the National Archives that they should be prepared to address whether the court even has the legal authority to hear the dispute. Oral arguments are scheduled for Nov. 30.
The committee investigating the riot has asked the National Archives to turn over scores of Trump administration documents — including memos, emails, records of White House conversations and visitor logs — as it investigates the origins of the attack.
The House panel is seeking Trump's records from the Archives because the agency maintains all documents from past administrations. Trump claimed executive privilege over some of the material, but President Joe Biden said the records should be released to Congress, citing the importance of the bipartisan committee's work.
U.S. District Judge Tanya S. Chutkan this month ordered the Archives to hand over the material, but the appeals court granted a brief stay to take a longer look at the issue.
Late Tuesday, the appeals court ordered the lawyers in the case to be prepared to address the jurisdiction issue. The fact that the court is wondering about its own authority to take up the case is telling: Courts are typically protective of their jurisdictions.
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