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Showing posts from April, 2019

What Courts do with Executive Privilege Claims

By Gbemende Johnson, Hamilton College

“Because Congress requires this material in order to perform our constitutionally-mandated responsibilities, I will issue a subpoena for the full report and the underlying materials.” This was the response of House Judiciary Chairman Jerrold Nadler (D-NY) after receiving the redacted 448-page Report on the Investigation Into Russian Interference in the 2016 Presidential Election.The battle over the Mueller Report is just one example of conflicts between Congress and the executive branch over executive privilege, where agency officials claim they can withhold documents. Many disputes land in federal court. The Obama Administration Department of Justice spent years in court defending its claim of executive privilege over documents related to the ATF’s “Fast and Furious” gunwalking operation. Federal courts have proven less likely to let cabinet level agencies like the Department of Justice withhold documents than they are with independent agencies li…