Congress’s demands for documents and subpoenas for testimony are more far-reaching and much more destructive to the separation of powers. While Congress has a right to investigate the events leading to the terrible riot of January 6, it does not have a right to override the constitutional prerogatives of an independent branch of government.

If Congress has the right to demand presidential documents and discussions at will, it could just as easily force the Justices of the Supreme Court to reveal their deliberations about the electoral fraud cases brought after the November 3 elections, too.

Imagine the howls from Capitol Hill if the Trump Justice Department had issued subpoenas to Nancy Pelosi to obtain internal documents and communications between her and her top legislative advisors about threat assessments provided in the run-up to the January 6 joint meeting of Congress.

To make matters worse, the Biden administration has waived any claim of privilege enjoyed by Trump and his top advisors.