Executive Privilege
47 Articles
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…
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.
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…
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…
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.
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…
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…
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…
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…
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.
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…
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.