A federal judge is convinced that Donald Trump won't be able to keep the 700 documents pertaining to the alleged 2020 election fraud and the January 6 Capitol riot a secret.

In recent months, Trump has been trying to exercise his executive privilege on controversial documents as the former president of the United States. However, current President Joe Biden approved the release of some of the written exchanges.

Federal judge thinks Donald Trump's documents will be released

During Thursday's court hearing, Judge Tanya Chutkan asked Trump's lawyers why the ex-POTUS thinks he can control the public access to hundreds of pages of records pertaining to the insurrection.

"Are you really saying that the President's notes, talking points, telephone conversations, on January 6, have no relation to the matter on which Congress is considering legislation? The January 6 riot happened in the Capitol. That is literally Congress' House," Chutkan said via CNN.

Trump's attorney, Justin Clark, argued that his client has rights.

What's in Donald Trump's secret documents?

The federal judge also acknowledged that the House's request to get their hands on hundreds of documents maybe a little too broad. She also stressed that Trump doesn't have any reason to want to keep the documents a secret because they are not intended to be private.

In fact, the House is only seeking documents concerning governmental activity, and this is something that Trump cannot exercise his executive privilege on.

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Once approved, the House will have access to all of Trump's conversations regarding the alleged 2020 election fraud, as well as the discussions regarding the insurrection.

Trump's supporters watched the siege unfold and what they told the former president about it.

The documents will also feature then-White House chief of staff Mark Meadows' notes and memos about Trump's efforts to undermine the election.

Donald Trump can't exercise executive privilege

NBC News also said that Trump wouldn't be able to exercise executive privilege on the matter because this only covers communication relating to the performance of a president's responsibilities.

The "Stop the Steal" rallies, as well as the January 6 Capitol riot, are not part of Trump's former responsibilities as president.

The Presidential Records Act of 1978, modified in 2014, also states that a former president can apply for executive privilege. However, it is the current president that will ultimately decide if it will be granted.

This means that Biden has the power to make the call as to whether the 700 documents will be released to the House.

Last month, Biden already rejected Trump's request to cover up his involvement at the Capitol riot. At the time, White House general counsel Dana Remus said that the POTUS doesn't think that the assertion of executive privilege is in the country's best interest.

However, according to the 700 documents, only 47 relating to the January 6 Capitol riot will be released out of the Huffington Post. The actual number of documents pertaining to the alleged 2020 election fraud has not yet been released.

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