Daniel ChaitinMon, October 18, 2021, 4:20 PM·2 min readIn this article:

Donald Trump, who claims he never conceded the 2020 election, establishes himself as a former president in his lawsuit against the Capitol riot committee and National Archives.

The passage appears on page 11 of the complaint filed in federal court on Monday.

“Plaintiff Donald J. Trump is the 45th President of the United States. President Trump brings this suit solely in his official capacity as a former President under the PRA, associated regulations, the Executive Order, the Declaratory Judgment Act, and the Constitution of the United States,” the lawsuit states.

The phrasing caught the eye of New York Times reporter Maggie Haberman, who has covered Trump for years.

“I don’t know how serious this suit is. It is notable that the suit actually refers to him as ‘former President’ Trump, which is something they’ve stayed away from. But Trump is going to do everything he can to try to drag this out as long as possible,” she said on CNN.

The complaint, filed by Trump lawyer Jesse Binnall, who helped attorney Sidney Powell represent former Trump National Security Adviser Michael Flynn in his FBI perjury case, seeks to block the release of documents to the Jan. 6 panel, challenging President Joe Biden’s decision to waive executive privilege.

In January, after the riot at the Capitol, Trump said in a video that a “new administration will be inaugurated on Jan. 20.”

But Trump has repeatedly insisted he did not lose to Biden, who won 7 million more votes and 74 more electoral votes than his Republican challenger, with allegations of widespread fraud in the 2020 election. Election officials spanning from the state to federal level, including those in Trump’s own government, have said they didn’t find evidence to support his claim of a stolen election.

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Still, that has not stopped Trump from telling his supporters as recently as this month he “never conceded” and encouraging Republicans not to vote in the 2022 and 2024 elections “[i]f we don’t solve the Presidential Election Fraud of 2020.”

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