Why it matters: Trump’s move likely eliminates the possibility of him testifying before the panel, which is set to release its final report in the coming months and disband by the end of the year.
Fighting the lawsuit would drag the commission into a protracted legal battle.
What they say: Trump’s attorney, David A. Warrington, said in a statement that the former president “engaged with the Commission in a good faith effort” to resolve his concerns about executive privilege.
“His caucus is insisting on taking a political path, leaving President Trump with no choice but to involve the third branch, the judicial branch, in this tussle between the executive branch and the legislature,” Warrington said. In a 41-page complaint, Trump’s lawyers argued that a former president cannot be compelled to testify before Congress. The lawsuit also builds on a long-standing Republican case that the commission is illegal and lacks the power to issue valid subpoenas.
The other side: A commission spokesman declined to comment on the lawsuit.
The committee’s last public comment on the matter was a statement by Chairman Bennie Thompson (D-Miss.) and Vice Chairman Liz Cheney (R-Wyo.) extending the Nov. 4 deadline for Trump to turn over the records to Nov. 11 .
