Executive Privilege

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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.
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.

Congress Needs a “Rocket Docket” for Its Disputes With the President

A rocket docket could have prevented many of the abuses seen during the Trump administration, would reduce the likelihood of future abuses, and will enhance Congress’ ability…
Trump and Bolton

Why the White House May Not Dare Fight on Executive Privilege

"There’s a legal buzzsaw that would await the White House in asserting a claim of executive privilege as it would open the door to a judge finding that the crime fraud exception…
Trump (C) leaves with Chief of Staff John Kelly (L) and National Security Advisor John Bolton (R) after holding a press conference ahead of his early departure from the G7 Summit on June 9, 2018 in La Malbaie, Canada.

Executive Privilege Cannot Block Bolton’s Testimony

All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.
Former U.S. National Security Advisor John Bolton speaks at the Center for Strategic and International Studies September 30, 2019 in Washington, DC.

Executive Privilege Is No Bar to John Bolton’s Testimony in the Senate

President Donald Trump’s impeachment team reportedly believes that executive privilege poses “significant and important” issues that could prevent former National Security…
Pence and Barr in the East Room of the White House on November 6, 2019 in Washington, DC.

About Those Constitutional Norms, Mr. Attorney General  

The president’s non-cooperation in the Ukraine investigation breaches the bipartisan understanding that the president has a responsibility to come clean with Congress about foreign…
Fiona Hill, former Special Assistant to U.S. President Donald Trump and Senior Director for European and Russian Affairs on the United States National Security Council, arrives on Capitol Hill on October 14, 2019 in Washington, DC.

White House Counsel Sends Fiona Hill Letter on “Executive Privilege” on Eve of Public Hearing

On Thursday, Deputy White House Counsel Michael M. Purpura sent a letter to Fiona Hill’s attorney setting out the administration’s views of executive privilege. The letter…
Laura Cooper, the Deputy Assistant Secretary of Defense for Russia, Ukraine, and Eurasia arrives for a closed-door deposition at the US Capitol in Washington, DC on October 30, 2019.

Executive Privilege is No Bar to Testimony Before Impeachment Investigators

Impeachment is different from regular congressional oversight. Witnesses summoned to appear before the House Intelligence Committee should not view executive privilege as standing…
Statue of George Washington

George Washington’s Advisors Agreed: Impeachment Did Away with Executive Privilege

George Washington clearly signaled that executive privilege would not be available if the House were pursuing an impeachment inquiry. His advisors agreed.
George Washington statue

Getting the Jay Treaty Right on “Executive Privilege”

A central historical claim in ongoing debates about the president's ability to keep diplomatic correspondence from the House of Representatives is not just flawed, but gets the…
U.S. Secretary of State Mike Pompeo takes a question during a press conference on the sidelines of the United Nations General Assembly on September 26, 2019 in New York City.

Pompeo’s Letter Is the Trump Administration’s Opening Salvo of Obstruction

The Trump administration now seems to be reverting to its previous strategy of total obstruction based on maximalist interpretations of executive authority.
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