Robert Costello and two co-counsel have now moved to dismiss the charges against Bannon based on a series of internal Department of Justice memoranda that stretch back decades.
Latest in Executive Privilege
It’s been four months since the House asked the Justice Department to seek Meadows’s indictment. Are the department’s misguided precedents holding things up?
Trump’s lawsuit against the Jan. 6 select committee and National Archives raises questions about executive privilege of former presidents.
The Jan. 6 committee should not rush to hold Mark Meadows in contempt. It should instead take the time to develop a record that leaves him no wiggle room to hide behind the ambiguities inherent in executive privilege.
The House select committee investigating the Jan. 6 attack is intent on seeking any and all information. However, the amount of information the committee receives depends on a battle between four distinct groups with different legal obligations and authorities.
Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights Holds Hearing on Executive Privilege
A subcommittee of the Senate Committee on the Judiciary will hold a hearing on congressional oversight and executive privilege. Members will hear the testimony of four scholars and experts on the subject.
Senators should not concede that former President Trump has the authority to assert executive privilege and direct the withholding of evidence based on his appraisal of the public interest. And it should especially not do so in the context of impeachment.
The Senate Intelligence Committee argued that the president-elect may not claim executive privilege for advice received after the election and before the inauguration. A federal judge reached the opposite conclusion.
The argument that the Senate should decline to seek specific evidence relevant to impeachment in order to protect the presidency’s generalized institutional interests badly distorts executive privilege.
The House submitted new filings to the U.S. Circuit Court for the District of Columbia in both the Mueller grand jury 6(e) material case and the case about the testimony of former White House Counsel Don McGahn. In the filing for the McGahn case, the House noted while Trump's impeachment defense team has "criticized the House for 'not seek[ing] to enforce' and 'subpoenas in court,'" the government has argued in the McGahn case that House Committees cannot ask the court to enforce subpoenas issued to the executive branch. The House makes a similar argument in the 6(e) filing.