The BBC noted in a reply memorandum Wednesday that it has already sent multiple “requests to government agencies seeking to obtain the same evidence the Special Counsel gathered and described as ‘evidence establish[ing] that the violence [on January 6] was foreseeable to Mr. Trump, that he caused it, that it was beneficial to his plan to interfere with the certification, and that when it occurred, he made a conscious choice not to stop it and instead to leverage it for more delay.”
“The government errs in characterizing the Executive Privilege Decisions as ‘information that might be incrementally helpful in litigating a potential future discovery dispute.’ Instead, unsealed decisions will likely be crucial to obtaining information that could be dispositive of President Trump’s lawsuit, as the BBC expects them to show that President Trump’s assertions of executive privilege have already been rejected,” the BBC wrote. “The Court should therefore further unseal the Executive Privilege Decisions and prevent the injustice that would arise from President Trump using already-rejected privilege claims to withhold such vital information.”
On Tuesday, a judge allowed the BBC to move forward with subpoenas against Trump’s closest advisers and confidants—like family members, Stephen Miller, and Steve Bannon—to better determine what Trump’s actual goals were on January 6. The judge also ordered Trump to hand over his financial records, opening yet another lane of exposure against the president.
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