Search the Lounge


« Buddy Guy | Main | Morse Tan Named Dean of Liberty University Law »

November 22, 2021


Feed You can follow this conversation by subscribing to the comment feed for this post.

Anonymous Bosch

"As Judge Chutkan observed in her extensive opinion, executive privilege exists for the benefit of the presidency, rather than for any individual president, much less former presidents. Trump is therefore almost certain to lose."

"Thus, the privilege is held by the institution for whose benefit it presently exists, to be exercised or relinquished by current executives rather than the former office-holders whose communications or documents are at issue."

This doesn't follow. There are plenty of offices whose privileges extend to past officeholders. The reason is simple: the very raison d'être of such privilege. It exists to effectuate effective administration of the office and to provide officeholders with the comfort and security to undertake certain actions in furtherance of their roles that they'd otherwise be deterred from doing. Hence, why they are afforded the privilege AFTER retiring, resigning, etc.

You also haven't shown that the privilege's removal or denial is solely within the current officeholder's discretion either. Indeed, as you state: "As the U.S. Supreme Court held in a case involving former President Nixon, the privilege can be “overcome by an appropriate showing of public need by the judicial or legislative branch".” That should be the Court's standard for determining whether the former POTUS' persisting executive privilege should be upheld or not. This may also concern a reevaluation of the scope of the "express exception for congressional requests for 'the activities, deliberations, decisions, and policies' of the president."

Like most of the rest of the 7.7 billion people on this planet, one additionally wonders whether the current POTUS is even sui juris, such that he could offer formal consent to anything...


Next do the JFK assassination records

The comments to this entry are closed.


  • StatCounter
Blog powered by Typepad