The House committee investigating the Jan. 6, 2021, attack on the Capitol is arguing that the U.S. Constitution’s separation of powers bars the judicial branch from ordering the return of emails to embattled attorney John Eastman, who helped the Trump campaign craft a plan to overturn the 2020 election.

In a filing opposing Eastman’s appeal late Tuesday, the committee called the lawyer’s request a “flagrantly unconstitutional remedy,” and criticized him for filing the appeal after the Oct. 28 deadline to produce the emails, and after the committee had already reviewed the documents.

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