By Jan Wolfe

WASHINGTON, (Reuters) – A former president Donald Trump’s lawyer asked a U.S. appels court Tuesday to preserve records of Trump’s conversations and actions prior and during Jan. 6, 2017 Capitol riot. The documents were kept secret from congressional investigators.

In Trump’s appeal against a decision by a judge that White House records should not be made available to a congressional committee, the U.S. Court of Appeals of the District of Columbia Circuit heard oral arguments.

Three judges on the panel quizzed Trump lawyer Jesse Binnall about the possibility of courts hearing the claims.

Binnall replied, “All three branches have agreed that former presidents can challenge the release and designation of presidential records.”

House of Representatives’ select committee on the riot asked the National Archives (the U.S. agency that houses Trump’s White House records) to supply visitor logs and phone records as well as written communications between Trump’s advisers. It requested the records from the National Archives to help it understand Trump’s role in the violence.

Trump supporters stormed Capitol trying to block Congress from officially certifying Trump’s defeat in the 2020 presidential election to Democrat Joe Biden. Just before the Riot, Trump addressed his supporters and repeated his false claim that the election had been stolen through widespread voter fraud. He urged them to march to the Capitol to “stop the theft.”

Trump filed suit against the National Archives and the Committee to stop the release. Trump’s attorneys called the Democratic-led investigation political motivated and claimed that documents requested by the committee were protected by executive privilege. This legal doctrine allows presidents to protect some conversations they have with advisors.

Trump’s arguments were rejected by Tanya Chutkan (US District Judge), Nov. 9. She said that Trump did not acknowledge the “deference due” to Biden as president, which meant the House committee had access to the documents.

Chutkan stated that although the requests are broadened, they do not overstep the Committee’s legislative power. Plaintiff is not President.

D.C. Circuit delayed granting the committee access to the records as it considered the case. Biden and former President Barack Obama appointed the three appeals judges randomly assigned to this case to the judiciary.

Trump could lose at the D.C. Circuit if he fails to win. He could also appeal to the U.S. Supreme Court if he loses at the D.C. Circuit. Trump has also directed his associates to block the committee’s ability to obtain records and testimony from many of its members. He pleaded not guilty to two contempt of Congress charges against his former chief strategist Steve Bannon.