Appeals court judges poised to reject Trump’s effort to withhold Jan. 6 documents

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Three federal appellate judges appear likely to reject Donald Trump’s effort to block Jan. 6 investigators from obtaining his White House records — a big potential boost for lawmakers hoping to reveal the former president’s actions as a mob of his supporters attacked the Capitol.

“We have one president at a time under our constitution,” said Patricia Millett, one of the three judges on the D.C. Circuit panel that heard arguments Tuesday in the high-profile fight. “That incumbent president … has made the judgment and is best positioned, as the Supreme Court has told us, to make that call as to the interests of the executive branch.”

As they questioned Trump’s lawyers, the judges repeatedly expressed skepticism that a former president could override a decision by the sitting president — in this case Joe Biden — to release documents to Congress, particularly when the incumbent has decided it’s in the national interest to release records to investigators.

During the three-and-a-half-hour argument session Tuesday, Millett and fellow judges Robert Wilkins and Ketanji Brown Jackson — all Democratic appointees to the appeals court — underscored deep concerns about allowing a former president to intervene in delicate negotiations

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