Executive Privilege
46 Articles
What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A
It is essential to understand the line between war and peace, scrutinize the application of wartime powers, and interrogate the president’s assertions when he triggers them.
The Absence of Any Executive Privilege by a Former President For National Security Secrets
The landmark Supreme Court case that both sides point to — Nixon v. GSA — has an even more important lesson.
Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs
"In short, the notion that a former president can block his successor from accessing presidential records that the incumbent believes he needs for purposes of carrying out executive…
The Law Requires Pat Cipollone to Answer the Jan. 6 Committee’s Questions
Former White House Counsel W. Neil Eggleston writes about the legal and professional implications for Trump's White House Counsel if Cipollone refuses to appear and fully answer…
What Kind of Guilty Mind is Needed for the Criminal Contempt of Congress Statute?
An expert backgrounder on the Steve Bannon criminal case and the law of what prosecutors need to prove to get a conviction for contempt of Congress.
How Stalling Tactics Could Still Constrain the January 6 Committee
Without a greater sense of urgency in the Jan. 6 investigation, it risks failing like every other effort to hold Trump accountable.
No, Former Presidents Cannot Assert Executive Privilege. At Least Not Meaningfully.
"Former President Trump’s authority, if any, would be at the 'lowest conceivable ebb' by asserting a claim that is incompatible with Congress’s explicit act plus incompatible…
Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”
A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.
Why a Trump Lawsuit to “Protect” Executive Privilege Could Backfire
Trump may unintentionally invite the DC court and Justice Dept to consider whether the crime-fraud exception applies to his activities relating to Jan. 6.
Unpacking the DOJ Letters: No “Executive Privilege” for Trump-Era Witnesses on 2020 Election Machinations
The determination clears the way for more evidence, testimony to congressional committees, including on the Jan. 6 attack on the Capitol.
Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
Awkward transitions to “unified government” and what it portends.
Is Jeffrey Clark’s Secret Conversation With Trump “Privileged”?
A few days after President Joe Biden’s inauguration, news reports broke that then-President Donald Trump had met with Jeffrey Clark, the acting chief of the Department of Justice’s…