The National Archives previously told CNN it possesses documents that are relevant to the committee’s investigation and that there is a process “by which the Congress and the incumbent administration may request access to records of former administrations.”
The committee’s document requests could lead to potentially lengthy fights over access.
President Joe Biden could seek to block the committee from receiving any of the documents by asserting executive privilege. Trump also could assert executive privilege, but Biden has the ultimate say over Trump on whether the documents can be shared or if doing so could compromise the presidency itself.
After that, Trump could still try to go to court to stop the committee from obtaining documents from the Trump White House and testimony from people like former White House Chief of Staff Meadows.
The question of executive privilege poses several potentially uncomfortable political scenarios for Biden.
If he does assert privilege, the Democrat-led committee could pursue more extreme legal avenues to try to obtain the records. If he doesn’t, that could set a precedent that opens his administration to expansive, Republican-led probes if the GOP wins either chamber in the midterm elections.
But the Biden administration has not weighed in on whether the committee should have unrestricted access to records and documents from the Trump White House.
Rep. Bennie Thompson, the committee chairman and a Mississippi Democrat, said the panel plans to send notices to social media companies, too, though he declined to name which ones.
“I can tell you that we’ll look at everything that will give us information on what happened on January 6,” Thompson said. “We will look at all records at some point.”