In an effort to avoid being subpoenaed to testify, former president Donald Trump is suing the House committee looking into the attack on the US Capitol on January 6.

Although former presidents have in the past voluntarily consented to produce testimony or documents in response to congressional subpoenas, “no president or former president has ever been compelled to do so,” the lawsuit claims.

In a statement announcing Trump’s plans, Trump’s attorney David A. Warrington stated that the separation of powers prevents Congress from

He said Trump had “engaged with the Committee in a good faith effort to resolve these concerns consistent with Executive Branch prerogatives and separation of powers,” but said the panel “insists on pursuing a political path, leaving President Trump with no choice but to involve the third branch, the judicial branch, in this dispute between the executive and legislative branches.”

Given that the committee is anticipated to dissolve at the conclusion of the legislative session in January, the lawsuit probably puts an end to the possibility of Trump ever having to testify. A request for comment regarding the lawsuit received no immediate response from the committee.

During its final live session before the midterm elections, the committee decided to subpoena Trump; it did so formally last month and demanded testimony from the former president. Members of the committee claim that Trump “personally orchestrated” a coordinated campaign to rig the 2020 election.