Former President Donald Trump is planning a lawsuit to block the release of White House records to the ​​House of Representatives Select Committee that is investigating the Capitol riot on Jan. 6, a source familiar with his planning told The Guardian.

If he follows through, Trump’s move against the Committee could lead to clashes in court that would delay the investigative process and would test Congress’ authority over the executive branch, the source said.

Earlier this week, Trump said he would cite executive privilege after the Committee issued a new round of subpoenas seeking testimony from his former advisers.

“We will fight the Subpoenas on Executive Privilege and other grounds, for the good of our Country, while we wait to find out whether or not Subpoenas will be sent out to Antifa and BLM for the death and destruction they have caused in tearing apart our Democrat-run cities throughout America,” Trump said in a statement.

Regardless of Trump’s plan to sue, President Joe Biden holds final authority on whether to withhold specific documents from the former administration. However, a court battle could delay investigators' access to the requested documents.

CNN noted that the Biden administration is inclined to turn over documents to Congress that would normally be considered privileged.

"As President Biden has said, the events of January 6th were a dark stain on our country's history, and they represented an attack on the foundations of our constitution and democracy in a way that few other events have," White House spokesman Michael Gwin said in a statement to CNN.

Last month, the Select Committee reportedly requested that telephone companies preserve the records of Trump and his family, as well as some Republican lawmakers who played a role in the "Stop the Steal" rally. They have also asked for "all documents and communications within the White House" on that day, including schedules and meetings.

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