The definitive explanation re: Executive Privelege and Trump

[WarGamer]

https://today.law.harvard.edu/can-donald-trump-still-assert-executive-privilege/

Former Obama WH Counsel Neil Eggleston...

To summarize it,

The law is clear and Biden CAN release the records BUT Trump CAN sue the archivist and after the lower Court throws out the case, he CAN and WILL attempt to have SCOTUS hear the case. Eggleston believes they will refuse to hear the case BUT they may not...

[FBaggins]

1. NYT also had a solid summary today

https://www.nytimes.com/2021/10/19/us/politics/trump-executive-privilege.html?referringSource=articleShare

What if the current president disagrees?

Judges will take that disagreement into account in assessing the strength of the ex-president’s claim.

In the 1977 case challenging the law about control of Nixon-era White House files, the Supreme Court noted that his successors — Gerald R. Ford at an earlier stage in the case, and Jimmy Carter by the end — did not support his claim. And despite saying Nixon was permitted to assert executive privilege as an ex-president, the court ruled against him.

Still, the court also suggested that Nixon might be able to block the release of some of his papers in the future. Nixon never sought to do so, however, and there has not been a Supreme Court case over access to specific information that involves an executive privilege disagreement between a current president and a predecessor.

[WarGamer]

2. cool, thanks! Looks like it'll be wrapped up in Court for a while...