Jonathan Shaub

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Jonathan Shaub is a contributing editor to Lawfare and currently Assistant Solicitor General for the State of Tennessee. He will be joining the faculty of the University of Kentucky J. David Rosenberg College of Law as an Assistant Professor in the fall of 2020. He formerly served in the U.S. Department of Justice as an Attorney-Adviser in the Office of Legal Counsel and as a Bristow Fellow in the Solicitor General's Office. This post represents the opinions of the author alone and not necessarily those of the Office of the Tennessee Attorney General.

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Executive Power

The Prophylactic Executive Privilege

Two seminal events have occurred in recent days in the ongoing oversight war between the House of Representatives and the Trump administration—and in the ongoing expansion of the doctrine of executive privilege. Although each incident warrants further individual analysis, together they suggest the “constitutionalization” of what I will call a “prophylactic executive privilege,” a view that the executive branch has absolute constitutional authority to protect and further the president’s qualified constitutional authority to assert executive privilege.