Executive Privilege

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Trump boards Marine One as he departs the White House on January 20, 2021 in Washington, DC. A person in military uniform salutes him as he passes.

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.
On left, a portrait of U.S. District Judge Aileen M. Cannon of the Southern District of Florida, who is considering former President Donald Trump's request to appoint a special master to review documents recovered from his Mar-a-Lago estate. On right, a photo of a male police officer wearing sunglasses and police uniform, standing next to two vehicles on August 9, 2022, in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

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…
A video featuring White House Counsel Pat Cipollone and deputy Pat Philbin is played during the fifth hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on June 23, 2022 in Washington, DC.

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…
A dark shadow strikes Steve Bannon across his face. An obscure figure stands behind him.

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.
Chairman Rep. Bennie Thompson, D-MS,flanked by other members of Congress, speaks to the media following testimony during the Select Committee to Investigate the January 6th Attack on the US Capitol adjourned their first hearing on Capitol Hill in Washington, DC, on July 27, 2021. - The committee heard testimony from members of the US Capitol Police and the Metropolitan Police Department who tried to protect the Capitol against insurrectionists on January 6, 2021. (Photo by Olivier DOULIERY / AFP) (Photo by OLIVIER DOULIERY/AFP via Getty Images)

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.
Trump boards Marine One as he departs the White House on January 20, 2021 in Washington, DC. A person in military uniform salutes him as he passes.

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…
The outside relief at the National Archives in Washington DC.

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.
Trump leaves the Manhattan Supreme Court where he serves on jury duty on August 17, 2015 in New York City. Reporters gather around him with cameras and microphones.

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.
The Capitol Building behind barbed wire in January 2021.

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.
White House Counsel Don McGahn stands behind Trump during a cabinet meeting in the Cabinet Room at the White House October 17, 2018 in Washington, DC.

Unpacking Biden Administration vs. Congressional Tension in the McGahn Case

Awkward transitions to “unified government” and what it portends.
Trump whispers to a White House staffer as he makes his way to board Marine One from the South Lawn of the White House in Washington, DC on September 26, 2020.

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…
An audio feed of Supreme Court oral arguments in Trump v. Mazars and Trump v. Deutsche Bank AG is heard via a teleconference due to COVID-19, as seen on a laptop in Washington, DC, May 12, 2020.

Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress

The decision gives executive branch officials and private parties greater ability to resist subpoenas on traditional common law privilege grounds.
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