Donald Trump
Everything Wrong With Judge Cannon’s Ruling
Quinta Jurecic, Natalie K. Orpett, Benjamin Wittes Thu, Sep 8, 2022, 4:32 PM
Judge Aileen Cannon’s opinion in the Mar-a-Lago matter actually defies defense.
Latest in Executive Privilege
Election 2020
On Emails, PowerPoints, Sovereign Immunity, and Testimony From Governor Kemp
Anna Bower Tue, Aug 30, 2022, 8:01 AM
Governor Brian Kemp tries to evade testifying before the Georgia special purpose grand jury.
Presidential Records Act
The Presidential Records Act and the Mar-a-Lago Documents
Jack Goldsmith Wed, Aug 24, 2022, 5:19 PM
Who can possess the documents, and when?
The January 6 Project
Why Steve Bannon’s Contempt Prosecution Revolves Around His Attorney, Robert J. Costello
Roger Parloff Wed, Apr 27, 2022, 2:21 PM
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.
The January 6 Project
Why Hasn’t the Justice Department Charged Mark Meadows With Contempt?
Albert W. Alschuler Wed, Apr 13, 2022, 10:48 AM
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?
Executive Power
Biden vs. Trump: Who Has the Last Word on Presidential Records?
Michael Stern Thu, Nov 18, 2021, 11:03 AM
Trump’s lawsuit against the Jan. 6 select committee and National Archives raises questions about executive privilege of former presidents.
The January 6 Project
The Jan. 6 Committee Should Take Its Time With Mark Meadows
Jonathan Shaub Tue, Nov 2, 2021, 1:07 PM
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 January 6 Project
Executive Privilege and the Jan. 6 Investigation
Jonathan Shaub Wed, Sep 29, 2021, 8:01 AM
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 Committee
Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights Holds Hearing on Executive Privilege
Ajay Sarma Tue, Aug 3, 2021, 3:15 PM
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.
Executive Privilege
Can a Former President Assert Executive Privilege in an Impeachment Trial?
Jonathan Shaub Fri, Jan 29, 2021, 8:01 AM
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.