The court roundly rejected Trump's attempt to block the National Archives from sending the committee pertinent documents, while leaving the door open for recalcitrant witnesses to do better next time.
, the D.C. Circuit strongly suggested that a former president could not claim executive privilege if the current president waived that privilege. Thus, Trump could not stop the Jan. 6 committee from obtaining records with Biden’s blessing. The Supreme Court clarified that this portion of the lower court’s opinion is not a binding precedent. Kavanaugh went further, suggesting that a former president’s privilege claims might carry similar weight as claims raised by the current president.
If Presidents and their advisers thought that the privilege’s protections would terminate at the end of the Presidency and that their privileged communications could be disclosed when the President left office , the consequences for the Presidency would be severe.As Kavanaugh is essentially the tiebreaking vote on this extremely conservative court, his views on the executive privilege of former presidents are likely to carry great weight should the issue come before the court again.
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