The lawsuit filed Friday argues that the subpoena “is void, illegal and unenforceable because President Trump, as a former President of the United States, has absolute immunity from being compelled to testify before Congress or a committee thereof about his actions as the chief co-equal branch of government’. It also argues that while other presidents have “voluntarily agreed to testify or turn over documents in response to a congressional subpoena, no president or former president has ever been forced to do so.” In a statement given to CBS News on Friday night, Trump’s lawyer David A. Warrington said that: “Long-standing precedent and practice hold that the separation of powers prohibits Congress from compelling a president to testify before it.” He said the former president had “cooperated with the committee in a good faith effort to resolve these concerns consistent with Executive Branch prerogatives and the separation of powers,” but said the committee “insists on pursuing a policy course, leaving President Trump with no choice but to involve the third branch, the judicial branch, in this executive-legislative conflict.” The committee voted to subpoena Trump in its final hearing before the midterm elections and formally did so last month, requiring testimony from the former president. Committee members claim that Trump is “personally orchestrating” a multilateral effort to overturn the results of the 2020 election. They said Trump should testify, either on Capitol Hill or via video conference, “beginning on or about” Nov. 14 and continuing for several days if necessary. The letter also outlined a large request for documents, including personal communications between Trump and members of Congress, as well as extremist groups. The lawsuit comes as Trump is expected to launch a third presidential campaign next week.
