One thing that has been completely lost in the discussion of executive privilege is that it doesn't apply to all, or even most, communications by the President. Executive privilege protects presidential communications which are deliberative in nature, i.e. they have to do with the development of policy. An example might be the President talking to an advisor about what policy to have toward Israel. The idea behind executive privilege is that we want the President to have a frank and open exchange of ideas when developing policy. If those involved know those communications might be made public, the advice to the President may be constrained. Even if Trump was still President, his communications relating to what happened on January 6th are not even remotely covered by executive privilege. They have nothing - zero - to do with the development of policy.
Dec 10, 2021
at
6:23 PM
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