The brief also argued that allowing a sitting president to unilaterally “extinguish” the executive privilege of a living former president violates the U.S. Constitution and established laws and precedent. Trump had previously asserted the novel claim of post-presidency executive privilege over the records the Jan. 6 Committee sought from NARA.

“[U]nder our Constitution and laws, no individual, including the sitting President, has the unilateral power to extinguish the executive privilege rights of living, former Presidents. Indeed, it is well settled that executive privilege survives a President’s term of office,” Binnall wrote. “At minimum, a dispute concerning the production of records subject to executive privilege must be resolved through the applicable constitutional and statutory framework, including a thorough examination of the documents at issue through the standard judicial process for privilege claims.”

The whole point of executive privilege is to allow the government to function. When the executive is not longer in office, then the purpose of previous claims of executive privilege is moot. Add to that the fact that the sitting executive can disclose whatever they damn well please? These fucks are just stalling. It's so transparent how shitty their argument is. And the next big election is less than a year away, so they might actually succeed.