.levinsonjessica: Why former President Trump’s latest legal win is no real victory at all
, but rather asks that we weigh the benefits and burdens of each particular request for information. It is far from clear that executive privilege even applies to former occupants of the Oval Office.
Any federal judge, regardless of who appointed them, should reject Trump’s bid to deprive the House committee of these documents. If members of the judiciary allow Trump to shield these documents from public view based on an assertion of executive privilege, then the privilege will have been so inappropriately expanded that it can be used to subvert the proper functioning of our government. This is in part why the Biden administration declined to assert executive privilege over the requested records, even though presidents typically like to be protective of claims related to this privilege.
If and when Trump loses before the District of Columbia Circuit, he could then file an emergency appeal with the Supreme Court. The Supreme Court should, and hopefully will, turn down this request as quickly as it takes it to type the word “DENIED.” But even assuming Trump loses before the District of Columbia Circuit and the Supreme Court, the process could take up to two months.
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