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The Memo: Trump case could come back to bite Biden


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The Hill

Opponents of former President Trump celebrated earlier this week after a federal judge rejected his attempt to withhold documents from the House committee investigating the Jan. 6 insurrection.

But that could end up becoming a case of “be careful what you wish for.” 

The ruling — and the case in general — could easily weaken the ability of a past president to protect confidential discussions. This, in turn, could have big real-world effects.

In today’s hyper-polarized political environment, it is easy to imagine a future Republican president and a GOP-majority Congress weaponizing the exact same logic to embarrass a Democratic predecessor — or hobble upcoming rivals who had served in a past administration.

The Trump case is still making its way through the legal system. 

Late Thursday, a three-judge panel for the D.C. Circuit Court of Appeals granted Trump a last-minute temporary injunction. That means he won’t have the contested records released for the moment, even though President Biden has taken the rare step of waiving his predecessor’s claim that those documents are privileged. 

Many experts believe the legal struggle is destined to end up before the Supreme Court.

The implications of the current battles, one way or another, are huge.:snip:

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