Former US President, Donald Trump, is suing the House committee investigating the Jan. 6 attack on the U.S. Capitol in an attempt to block a subpoena requiring him to testify.
The lawsuit filed Friday November 11, alleges that the subpoena “is invalid, unlawful, and unenforceable because President Trump, as a former president of the United States, has absolute immunity from being compelled to testify before Congress or a committee thereof regarding his actions as head of a co-equal branch of government.”
It also argues that while other presidents “voluntarily agreed to testify or turn over documents in response to a congressional subpoena, no president or former president has ever been compelled to do so.”
In a statement, Trump’s attorney David A. Warrington said that: “Long held precedent and practice maintain that separation of powers prohibits Congress from compelling a president to testify before it.”
He said the former president had “engaged with the committee in a good faith effort to resolve these concerns consistent with Executive Branch prerogatives and separation of powers,” but said the panel “insists on pursuing a political path, leaving President Trump with no choice but to involve the third branch, the judicial branch, in this dispute between the executive and legislative branches.”
The committee voted to subpoena Trump during its final hearing before the midterm elections and formally did so last month, demanding testimony from the former president. Committee member members allege Trump “personally orchestrated” a multi-part effort to overturn the results of the 2020 election.
They said Trump had to testify, either at the Capitol or by videoconference, “beginning on or about” Nov. 14 and continuing for multiple days if necessary.
The letter also outlined a sweeping request for documents, including personal communications between Trump and members of Congress as well as extremist groups.
The lawsuit comes as Trump is expected to launch a third campaign for president next week.