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Everything You Wanted to Know About Executive Privilege But Were Afraid to Ask
The Lawfare Podcast
Is the Current President Taking Precedence Over the Incumbent?
The justice department can say, yes, former presidents have some authority to assert privilege under the supreme court's ruling in the nixon case. And because president byden has waived privilege, bannon has no privileged claim here. The only really remaining question is whether sor of the current understanding that the incumbent president takes precedence over the former is somehow unconstitutional right.
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