Former President Donald Trump, according to Newsweek, is now likely to turn to the U.S. Supreme Court following his most recent legal defeat against the partisan House select committee tasked with investigating the Jan. 6 Capitol riot.
The Democrat-led committee has aggressively sought to obtain various documents from Trump’s presidency that are located in the National Archives.
The former president has tried to prevent such requests by claiming that the documents are protected under the rules of executive privilege. However, he has been repeatedly undermined by President Joe Biden, who claims that Trump’s executive privilege claim is without merit.
That led Trump to take the matter to the federal court system.
On Thursday, the U.S. Court of Appeals for the D.C. Circuit ruled against Trump. Unsurprisingly, Judge Patricia Millett, who wrote the court’s opinion, is an appointee of former President Barack Obama.
“In response, the President of the United States and Congress have each made the judgment that access to this subset of presidential communication records is necessary to address a matter of great constitutional moment for the Republic,” Millett wrote. “Former President Trump has given this court no legal reason to cast aside President Biden’s assessment of the Executive Branch interests at stake, or to create a separation of powers conflict that the Political Branches have avoided.”
That decision marked Trump’s second legal defeat regarding the matter, with the first occurring at the district court level.
The final play for Trump to seek relief lies in the hands of the Supreme Court that he was able to stack with a majority of conservative justices during his time in office.
Following Thursday’s legal defeat, Liz Harrington, a Trump spokesperson, seemed to suggest that he will, in fact, appeal the matter in the high court.
“Regardless of today’s decision by the appeals court, this case was always destined for the Supreme Court,” Harrington said. “President Trump’s duty to defend the Constitution and the Office of the Presidency continues, and he will keep fighting for every American and every future Administration.”
Trump will have two weeks to file his formal appeal.
Whether or not Trump will finally take home a legal victory in the matter remains unclear, but given that three of the high court’s justices were appointed by him, they’ll likely be under intense scrutiny in any decision making so as to not appear biased or loyal to the former president.