The US Supreme Court has largely kept silent on the US Capitol riots investigation, mainly due to its jurisdiction. The House Select Committee is part of the legislative branch of the US, while the Supreme Court is judicial.

The functioning of the two bodies can overlap in some cases but are designed in such a way that authority is not crossed. The House of Representatives and the Supreme Court can supplement each other’s processes.

Also Read: Capitol riots hearing: What Republicans have said, then and now

How has the Supreme Court been involved in the Capitol riots probe?

The US Supreme Court has been pulled in by former President Donald Trump. Banking on the conservative majority of the Supreme Court, Trump erected multiple legal challenges to the House investigation. It backfired.

The Supreme Court, earlier this year, voted to allow the House Select Committee to acquire documents from Trump’s White House national archives. These documents were reportedly connected to what the former President was doing while the Capitol was under attack.

The US Supreme Court warned against “serious and substantial concerns” that were raised after Trump attempted to block the House committee from getting the White House documents.

The question of executive privilege

Trump’s appeal to the US Supreme Court was based on “executive privilege“, which has been designed to shield a President’s communication from the US Congress. This was not enough for Trump.

Also Read: 3 things to look out for at the Capitol riots hearing

A Supreme Court precedent of 1977 suggests that the executive privilege only survives the “individual President’s tenure” and is weaker for a former President. All of Trump’s appeal came roughly a year after the January 6 insurrection.

With the Capitol riots hearing going public on June 9, experts suggest that the Supreme Court may take more interest in the proceedings. It is not clear if there would be any direct participation but a draft opinion release is likely.