Gaelen Morse | Reuters Former President Donald Trump filed a lawsuit Friday night to avoid cooperating with a subpoena from the House Select Committee investigating the Jan. 6 riot at the U.S. Capitol. Trump’s lawyers argue that while “other Presidents and former 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,” according to the 41-page filing. Trump was subpoenaed by the committee in October and had been scheduled to be removed on November 14, a day before his “big announcement” on November 15 at his Mar-a-Lago resort, where he is widely expected to announce the start of his presidency campaign in 2024. Trump’s lawyer, David A. Warrington, said Trump has engaged in a “good faith effort” to resolve concerns with the committee, but that he has been left with “no choice” but to involve the Justice Department, according to in a statement originally obtained by Politico. . “Long-standing precedent and practice hold that the separation of powers prohibits Congress from compelling a President to testify before it,” Warrington said. The House Select Committee unanimously voted for the subpoena and is demanding Trump testify under oath, as well as records related to the investigation into the attack. “We recognize that subpoenaing a former president is an important and historic action,” committee leaders wrote in a letter. “We do not take this action lightly.” The committee is seeking records that include documentation of phone calls, text messages or communications sent through the encrypted messaging app Signal, as well as photographs, videos and handwritten notes related to the scope of the investigation. In the lawsuit, Trump’s lawyers argue that sources other than Trump could have provided the committee with the same information and claim the subpoena is “incredibly broad” and violates his First Amendment rights. The commission is set to disband at the end of the year, meaning the lawsuit and subsequent legal battle will likely outlive the commission itself. It will be difficult for the committee to secure Trump’s testimony before then. Trump’s lawsuit was filed in the Southern District of Florida and has not yet been assigned to a judge.
