WASHINGTON Former President Donald Trump s attempt to use executive privilege to cover up his actions before and during the Jan. 6 attack on the U.S. Capitol ran into a federal judge Thursday who appeared unconvinced by his arguments.

U.S. District Court Judge Tanya Chutkan wondered what the basis was for even questioning President Joe Biden s decision to release documents related to the insurrection, given that case law states that the current president is presumed to be acting in the national interest in such matters.

Isnt the best person to determine executive privilege the executive? Chutkan asked Trump lawyer Justin Clark.

Clark answered: Not the incumbent executive.

Thursdays hearing was meant to determine whether an injunction should be issued to block the National Archives Nov. 12 release of the first set of documents from Trump and his staff to the House select committee investigating the events of Jan. 6.

Trumps lawyers had argued that a 1974 Supreme Court case regarding Richard Nixons attempt to have White House recordings he had made destroyed after he resigned from office gave Trump the right to assert privilege even if Biden refused to do so. But Chutkan pointed out that Congress had superseded that case by passing the Presidential Records Act in 1978, which gives the sitting president the ultimate decision on whether to assert privilege.

Im not sure that case is as helpful to you as you think it is, Chutkan told Clark. She added that Congress seemed to have a legitimate interest in finding out how the insurrection came to be. The Jan. 6 riot happened in the Capitol. That is literally Congress house.

Clark further argued that Chutkan needed to grant an injunction blocking next weeks scheduled release because Trump would suffer irreparable harm if she didnt. When those documents are out the door and go to Congress, they are out, he said.

Chutkan said she agreed that releasing the papers was irreversible, but asked what basis Trump had to keep them secret, given that they are all public records. Were talking about documents that are quintessentially about government business. Are we not? she said. Where is the harm? Tell me the harm.

The harm exists to the institution of the presidency, Clark responded.

To which Chutkan countered: Well, the current president disagrees. Shouldnt that weigh in?