Executive Privilege
47 Articles
The Next Wave of Congressional Subpoena Litigation: Oversight Power vs. Executive Privilege
The next phase of Congress’ trying to enforce its supboenas in court is getting underway. Why the litigation over executive privilege is about to get ... . complicated, and how…
The Three-Level Game in the White House Effort to Block McGahn’s Testimony
"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
McGahn’s Chief of Staff, Annie Donaldson May Be Congress’ Prized Witness
Don McGahn's chief of staff had a front seat at the Trump White House during the Russia investigation, and has reasons to comply with Congress' subpoena.
On Mueller Report, Barr Says No Executive Privilege Redactions. But Look for Assertion Later.
The release of the redacted version of the Mueller Report may not signal the end of debates over Executive Privilege, and is likely only the beginning of congressional activity…
Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice
The first waiting game is over. Special Counsel Robert Mueller has completed his role as Special Counsel and delivered his findings to Attorney General William Barr.
Now, the…
Will Executive Privilege Block Congress’ Access to Trump-Putin Helsinki Meeting Notes?
Executive privilege looms large as Congress seeks translator's notes about the off-books Trump-Putin meeting in Helsinki. But that is only the beginning of the separation of powers…
The Whitaker Hearing: Potential Executive Privilege and Subpoena Fireworks
It appears acting Attorney General Matthew Whitaker allowed an important deadline to pass on the eve of his testimony before the House Judiciary Committee. Rep. Jerrold Nadler…
Attorney General Nominee Barr on Transparency: A Direct Answer? Or Misdirection?
In his written opening statement for his confirmation hearing as attorney general, William Barr says his goal is "to provide as much transparency as I can consistent with the law."…
U.S. House Investigations v. White House Slow-Walk: Scenarios
Democrats in the U.S. House are preparing to wield their new majority power in January. While they lack the control of both chambers necessary to push through legislation, they…
Can Congress Subpoena Trump to Testify?
Now that the Democrats have won control of the House of Representatives, there will be a flood of congressional investigations of waste, fraud, and abuse within the Trump administration,…
(Not So) Fast and Furious Settlement in Congressional Subpoena Case
Efforts to settle lengthy litigation over congressional subpoena power and executive privilege hit a snag this week. Judge Amy Berman Jackson declined to vacate her executive privilege…
Executive Privilege and the Public Interest: Why the President Can’t Block Release of the Mueller Report
For more than a year, President Donald Trump’s lawyers have bragged about his “unprecedented” level of cooperation with Special Counsel Robert Mueller’s investigation,…