Jonathan Shaub

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Jonathan Shaub is currently the Tennessee Assistant Solicitor General. 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. He also spent time as an associate with the Supreme Court & Appellate Group at Hogan Lovells and clerked for Judge Paul V. Niemeyer on the Fourth Circuit Court of Appeals. Shaub graduated magna cum laude from Northwestern Pritzker School of Law and received his undergraduate degree from Vanderbilt University. This post represents the opinions of the author alone and not necessarily those of the Office of the Tennessee Attorney General and Reporter.

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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.

Congress

Executive Privilege and Compelled Testimony of Presidential Advisers: Don McGahn's Dilemma

The release of the redacted Mueller report focused the spotlight squarely on former White House Counsel Don McGahn, whose testimony to the special counsel featured prominently in the report’s discussion of obstruction of justice. Indeed, the first questions to Attorney General William Barr from Sen.