According to a letter obtained by CNN, White House counsel Dana Remus informed National Archivist David Ferriero on Monday that Biden would not assert privilege over additional materials that Trump requested remain secret as a matter of executive privilege.

The former President has has already filed a lawsuit to stop the National Archives, the custodian of his administration’s White House records, from giving documents to Congress that he believes are privileged, and the latest documents will likely become part of that lawsuit. The National Archives is set to begin turning over records to the House on November 12, unless Trump gets a court order.

“President Biden has considered the former President’s assertion, and I have engaged in consultations with the Office of Legal Counsel at the Department of Justice,” Remus wrote.