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Donald Trump files suit against the Jan. 6 committee to block its subpoena for his testimony, which was scheduled for the day before his Mar-a-Lago announcement

Nov 12, 2022, 09:37 IST
Business Insider
Former President Donald Trump talks to supporters at Mar-a-lago on November 8, 2022, in Palm Beach, Florida.Andrew Harnik/AP
  • Trump's legal team filed suit Friday against the Jan. 6 committee to block him from testifying.
  • The former president's lawyers argue Congress does not have the authority to subpoena a president.
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Trump's legal team filed suit Friday against the Jan. 6 committee to block the former president from testifying on Nov. 14 — a day before he is expected to announce his intentions to run for another term — arguing that Congress does not have the authority to subpoena a president.

In a legal complaint filed with the Southern District of Florida's US District Court, the former president's legal team argued that the only time Congress may subpoena a president is for impeachment purposes.

"But the Subpoena issued by the Committee to 'President Donald J. Trump' does not arise from an impeachment inquiry," the filing reads. "For the reasons explained below, the Committee lacks authority to issue the Subpoena and, in any event, President Trump is not required to comply."

The filing went on to describe the Jan. 6 commission's subpoena as "invalid" and "overbroad," adding it does not further a "valid legislative purpose" to compel the former president's testimony and that sources other than the president could provide the information sought from Trump himself. Trump's legal team argued the subpoena infringes on Trump's executive privileges and first amendment rights, adding that the call for Trump's testimony is an overreach of Congressional authority.

"Accordingly, President Trump turns to the courts to preserve his rights and, in so doing, the separation of powers essential to our constitutional order," the filing read.

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Last month, the House Select Committee investigating the January 6th attack unanimously voted to order Trump to testify in a private meeting scheduled for November 14 — just one day before he teased he will make a "big announcement" at Mar-a-Lago regarding the 2024 presidential race. It is expected Trump will announce his intentions to run for a second term.

Trump's legal team and representatives for his post-presidential office did not immediately respond to Insider's requests for comment.

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