Jan. 6 Panel Will Be Given Pence Records

Trump is told executive privilege doesn't prevent release
By Bob Cronin,  Newser Staff
Posted Feb 2, 2022 4:50 PM CST
Jan. 6 Panel Will Be Given Pence Records
Vice President Mike Pence and House Speaker Nancy Pelosi talk in the House chamber on Jan. 6, 2021.   (AP Photo/J. Scott Applewhite, File)

The National Archives will release records from former Vice President Mike Pence to the House committee investigating the attack on the Capitol. White House counsel Dana Remus delivered the instruction in a letter Tuesday, the Hill reports. Former President Donald Trump had written Jan. 18 to oppose the release, saying it would violate executive privilege and another privilege that applies to deliberative processes. Remus wrote that many of the documents involved Pence's role as president of the Senate and the certification of the electors' vote in the 2020 election. "They are not subject to claims of the presidential communications privilege," Remus said.

Archivist David Ferriero wrote Trump telling him he'll send the documents to Congress on March 3, per CBS News, "as instructed by President Biden." He added, "unless prohibited by court order." Remus said some of the records could be exempt from release under the Presidential Records Act but not executive privilege. Pence files whose release wasn't challenged by Trump will be turned over right away, per CNN. Trump said this week that the House committee should investigate Pence for not refusing to certify the vote. (Read more Capitol attack stories.)

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