Former President Donald Trump takes the stage to talk at his Mar-a-lago resort in Florida on Election Day.

Andrew Harnik/AP

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Andrew Harnik/AP

Former President Donald Trump takes the stage to talk at his Mar-a-lago resort in Florida on Election Day.

Andrew Harnik/AP

WASHINGTON — Former President Donald Trump is suing the House committee investigating the Jan. 6 assault on the U.S. Capitol to keep away from cooperating with a subpoena requiring him to testify.

The swimsuit filed Friday night contends that, whereas former presidents have voluntarily agreed to supply testimony or paperwork in response to congressional subpoenas up to now, “no president or former president has ever been compelled to do so.”

“Long-held precedent and practice maintain that separation of powers prohibits Congress from compelling a President to testify before it,” Trump legal professional David A. Warrington stated in a press release saying Trump’s intentions.

Warrington stated Trump had engaged with the committee “in a good faith effort to resolve these concerns consistent with Executive Branch prerogatives and separation of powers,” however stated 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 declined to touch upon the submitting, which comes days earlier than the the deadline set by the committee for Trump to start cooperating. But the swimsuit possible dooms the prospect of Trump ever having to testify, on condition that the committee is anticipated to disband on the finish of the legislative session in January.

It additionally comes simply days earlier than Trump is anticipated to formally launch a 3rd marketing campaign for president at his Mar-Lago membership.

The committee had voted to subpoena Trump throughout its ultimate televised listening to earlier than the midterm elections and formally did so final month, demanding testimony from the previous president both on the Capitol or by videoconference by mid-November, and persevering with for a number of days if essential.

The letter additionally outlined a sweeping request for paperwork, together with private communications between Trump and members of Congress in addition to extremist teams. Trump’s response to that request was due final week, however the nine-member panel prolonged its deadline to this week.

In his swimsuit, Trump’s attorneys assault the subpoena as overly broad and body it as an infringement of his First Amendment rights. They additionally argue different sources in addition to Trump might present the identical info the committee needs from him.

The panel — comprised of seven Democrats and two Republicans — issued a press release final week saying it was in communication with Trump’s attorneys.

The committee’s determination to subpoena Trump in late October was a significant escalation in its investigation, a step lawmakers stated was essential as a result of, members allege, the previous president was the “central player” in a multi-part effort to overturn the outcomes of the 2020 election.

“I think that he has a legal obligation to testify but that doesn’t always carry weight with Donald Trump,” committee vice chair Rep. Liz Cheney, R-Wyo., stated throughout an occasion final week.

In addition to demanding that Trump testify, the committee additionally made 19 requests for paperwork and communication — together with for any messages Trump despatched on the encrypted messaging app Signal or by “any other means” to members of Congress and others concerning the gorgeous occasions of the Jan. 6, 2021, Capitol assault.

The scope of the committee’s request was expansive — pursuing paperwork from Sept. 1, 2020, two months earlier than the election, to the current on the president’s communications with the teams just like the Oath Keepers and Proud Boys — because the panel appears to be like to compile a historic document of the run-up to the Capitol assault, the occasion itself and the aftermath.

Trump’s lawsuit was filed within the Southern District of Florida, the place different Trump legal professionals efficiently sued to safe a particular grasp who has been tasked with conducting an impartial evaluate of information seized by the FBI throughout an Aug. 8 search of Mar-a-Lago.