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All the Presidents' Lawyers

Testing the boundaries of executive privilege

Oct 20, 2021
Former President Trump's lawsuit against the National Archives and the January 6 Committee, executive privilege boundaries, Steve Bannon's criminal referral, legal complications of depositions, analyzing factual claims in defamation cases, deposition delays and defense strategies
29:20

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Quick takeaways

  • The concept of executive privilege is based on judicial interpretation and allows the executive branch to refuse the disclosure of certain documents and communications, but former President Trump's generic claims lack specific arguments about the nature of the communications he seeks to protect.
  • Former President Trump's attempts to delay or avoid depositions and congressional subpoenas are becoming less viable, as seen in his recent lengthy deposition and the likelihood of criminal charges against his former advisor Steve Bannon for Contempt of Congress.

Deep dives

Former President Trump's Lawsuit to Protect White House Papers

Former President Trump has sued the National Archives and the chairman of the January 6 Investigating Committee to prevent the disclosure of White House papers and communications related to the January 6 riot. He asserts executive privilege and has instructed former advisors, such as Steve Bannon, not to comply with committee subpoenas. However, the concept of executive privilege is not explicitly stated in the Constitution and is based on judicial interpretation. It allows the executive branch to refuse to turn over certain documents and communications that are deemed private, deliberative, and relating to important decisions. Former President Trump's assertions of executive privilege are being met with skepticism, as his claims are generic and lack specific arguments about the nature of the communications he seeks to protect.

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