DOJ Letters: No "Executive Privilege" for Trump-Era Witnesses on 2020 Election Machinations

[Nevilledog]

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John W. Dean
@JohnWDean
No Executive Privilege for Trump White House Officials for Jan 6 and the Big Lie: Unpacking the DOJ Letters: No “Executive Privilege” for Trump-Era Witnesses on 2020 Election Machinations

DOJ Letters: No “Executive Privilege” for Trump-Era Witnesses on Election
The determination clears the way for more evidence, testimony to congressional committees, including on the Jan. 6 attack on the Capitol.
justsecurity.org
9:51 AM · Jul 27, 2021

https://www.justsecurity.org/77610/unpacking-the-doj-letters-no-executive-privilege-for-trump-era-witnesses-on-2020-election-machinations/


The Senate Judiciary Committee and House Oversight and Reform Committee launched investigations earlier this year into allegations that former President Donald Trump improperly sought to use the resources of the U.S. Department of Justice to help him overturn the 2020 presidential election. According to the New York Times and Politico, the Department of Justice has now informed Trump administration witnesses that it does not support an assertion of executive privilege — in its presidential communications” and “deliberative process” components — on matters related to this nucleus of facts. As a result, the department has advised the witnesses that they may provide “unrestricted testimony.”

This is a significant development that will clear the way for witnesses to provide evidence to the committees investigating post-election conduct, including the Jan. 6 attack on the Capitol. It also presents important questions for the doctrine of executive privilege in future cases.

Executive Privilege Analysis

Executive privilege is a contested doctrine in our separation-of-powers scheme, with Congress and the Department of Justice traditionally at loggerheads over its scope and application. In practice, executive privilege is an assertion of presidential authority to preserve executive branch confidentiality interests by withholding information from a judicial or congressional proceeding. The doctrine encompasses a bundle of components that cover a range of executive branch confidentiality interests, including presidential communications, deliberative processes, investigative integrity, state secrets, and individuals’ civil liberties that the administration may seek to shield from disclosure. Such claims can arise in legislative inquiries, criminal investigations, and civil litigation involving private parties, especially litigation arising under the Freedom of Information Act (FOIA).

The privilege is ultimately held by the sitting president, but subordinate executive branch officials — and former officials — regularly seek to preserve confidentiality interests that could be subject to a formal assertion of privilege.

*snip*

[malaise]

1. The Slobfather should be locked up for life

Terrorist leader

[LiberalFighter]

2. Trying to use executive privilege to coverup a crime is an admission of guilt.

[triron]

3. knr