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The Apex Doctrine and the Executive Privilege
The court authorized the plaintiffs to conduct death positions of each witness that do not exceed two hours and are limited to the narrow set of topics specified on the record at the hearing. Today's ruling addressed the apex doctrine issues only. It did not resolve any questions related to either the presidential communications prong or the deliberative process prong of the executive privilege. The government must inform the court whether the current president will invoke the executive privilege with respect to the specified topics by March 24th.