Capitol riot probe headed for 'monumental' Supreme Court ruling on whether to 'protect Trump': reporter

Capitol riot probe headed for 'monumental' Supreme Court ruling on whether to 'protect Trump': reporter
US Capitol Grounds East Plaza off First Street and East Capitol Street, Washington DC on Wednesday afternoon, 6 January 2021 by Elvert Barnes Photography

A House committee's investigation of the Capitol insurrection appears to be on a collision course with the U.S. Supreme Court, which could ultimately decide whether the American public ever learns the full truth about the events of Jan. 6, according to Washington Post reporter Robert Costa.

"If this ends up at the Supreme Court, it will be perhaps one of the most monumental decision the court has made," Costa told MSNBC on Friday.

During the Watergate scandal, president Richard Nixon was forced to release audio tapes by Chief Justice Warren Berger, because a crime had taken place — and "no president can have confidentiality when it comes to documents when a crime has taken place," Costa noted.

"That was the threshold for Berger," Costa said. "What's the threshold for this Supreme Court? That's the lingering question."

Costa said justices will have to decide whether they're going to "protect" Trump even though he is no longer in office and an insurrection occurred. If they allow Trump to keep the documents secret, it's possible "we might never have a clear answer" about what happened, especially if Republicans take control of the House in 2022.

"And that's why (Trump adviser Steve) Bannon and so many others, including (former DOJ official Jeffrey) Clark, seem to be in this wait-and-see game — just wait and hope conservative justices on the Supreme Court somehow don't have a Warren Berger moment and prompt Trump (and the release of) these documents, and especially those phone logs from Jan. 5 and 6," Costa said.

"It's almost depressing to hear the echoes of history," host Nicole Wallace responded. "I don't think a lot of people have a lot of hope or confidence that the institutions are in the same condition they were then."

Watch below.

Robert Costa on Jan. 6

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