Executive Privilege
47 Articles

Rudy’s Red Herring: Mueller’s Final Report and Executive Privilege
"It’s time to focus on where the real threat to Mueller’s report reaching the public may arise. The assertion of executive privilege is not it."

A Rush to Confirm Judge Kavanaugh at the Expense of Senate Interests
The Senate is now considering President Donald Trump’s nomination of Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. Whoever replaces Justice Kennedy,…

The Trials of White House Counsel Don McGahn
Over the weekend, Michael Schmidt and Maggie Haberman published a remarkable story in the New York Times chronicling White House Counsel Donald F. McGahn’s substantial cooperation…

On Bannon’s Testimony & Executive Privilege
Stephen Bannon, President Donald Trump’s former chief strategist and his campaign’s chief executive, refused to answer questions about his roles on the presidential transition…

Kushner’s Unsatisfactory Senate Document Production
The most incendiary part of a stinging letter from Senate Judiciary Committee leaders to Jared Kushner’s counsel, Abbe Lowell, is the committee’s disclosure that “other…

About that Executive Privilege “Policy”: Congress Should Call the Bluff
During last week’s hearing of the Senate intelligence committee, Attorney General Jeff Sessions generated withering criticism by repeatedly refusing to answer Senators’ questions…

The Silly “Comey-the-Criminal” Meme–a.k.a. Why Claims that Comey’s a “Leaker” Ring Hollow
The strangest claim to emerge from yesterday’s Senate intelligence committee hearing is the one first suggested by President Trump’s personal lawyer, Marc Kasowitz,…

Could the White House Invoke Executive Privilege to Block Comey Testimony?
The White House confirmed Friday that it is reviewing whether to invoke executive privilege to prevent former FBI Director James Comey from testifying before the Senate Intelligence…

Fast and Furious Litigation: Losing the Battle to Win the War?
Last week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Lynch, the subpoena enforcement litigation related to the House Oversight and Government…

Fast and Furious: Mixed Ruling in Oversight Committee v. Holder
This week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Holder, ongoing litigation in federal court in the District of Columbia. After the House…

Bob Gates, Disclosure & Executive Privilege
Former Secretary Bob Gates ignited a brushfire of criticism for the timing, disclosures, and motivations of his new book, Duty: Memoirs of a Secretary at War. Much of the reporting…