Trump’s legal team goes to the Supreme Court over Jan. 6

Former President Donald Trump has requested that the United States Supreme Court take into consideration the Washington Post interview with Rep. Bennie Thompson, the chair of the House select committee on Jan. 6 as they consider whether to take up the case of Trump’s records on the event. 

According to CNN, the former president’s attorney submitted a court filing on Wednesday requesting that the panel of nine read the interview with the Mississippi Democrat about the investigation. 

Thompson said during his interview that the delay in Trump’s compliance with demands that he call on his supporters to end any violent activity at the US Capitol could lead to a criminal referral to the Department of Justice, according to CNN’s report. 

“That dereliction of duty causes us real concern,” Thompson told the Post. “And one of those concerns is that whether or not it was intentional, and whether or not that lack of attention for that longer period of time, would warrant a referral.”

Thompson added: “I can assure you that if a criminal referral would be warranted, there would be no reluctance on the part of this committee to do that,” according to the Post.

The former president’s argument includes the allegations that there isn’t a legitimate claim for the committee to see the records that have been held in presidential privilege:

“The Committee cannot make a mockery of Congress’s constitutional mandate that its requests and investigation be supported by a ‘valid legislative purpose,'” Trump’s lawyers wrote.

“It cannot embark on what is essentially a law enforcement investigation with the excuse that it might legislate based on information it turns up in the course of the exploration.”

This argument was rejected by the DC US Circuit Court of Appeals when Trump’s legal team raised the issue during the cases’ hearing there: “The mere prospect that misconduct might be exposed does not make the Committee’s request prosecutorial,” the appeals court said earlier this month. “Missteps and misbehavior are common fodder for legislation.”