Democrat Biden has accepted his plea Congress Seek sensitive information about the actions of Republicans Donald Trump And his aides during the January 6 coup, the former president, claimed the information was protected by executive privilege.
Biden’s move is not the final word; Trump says he will challenge the requests and there is the possibility of a prolonged legal fight over the information. Courts have ruled that in some cases the former president is granted executive privilege.
But the legal world’s playbook is different than the political world. And in the political world, “every time a president does something controversial, it becomes a building block for future presidents,” said Saikrishna Prakash, a law professor at the University of Virginia who studies presidential power.
Biden’s decision not to block congressional hearings challenges the examined budget – in which the president enjoys the confidentiality of his own word documents for a minimum of five years in office and usually for a very long time. That means Biden and future presidents, as well as Trump.
Although not articulated in the Constitution, the executive privilege has been developed to protect the president’s ability to receive honest advice from the president’s counsel without fear of immediate public disclosure and to protect confidential communications relating to official responsibilities.
But that privilege has its limitations in exceptional circumstances, as described during the Watergate scandal The Supreme Court It has ruled that it cannot be used to release secret Oval Office tapes in criminal proceedings and after the September 11 terrorist attacks.
The Jan. 6 coup was among those tiers, Biden’s White House advisers wrote to the archivist of the United States, the record keeper. An armed group of Trump supporters attacked the building in an attempt to stop Biden’s election victory certification.
Commenting on the congressional committee searching the records, White House press secretary Jen Saki said: “This committee is investigating the darkest day of our democracy – the attempt by our constitution and former presidents to undermine democratic processes – and that scenario is important here.”
Some experts have argued that the special circumstances of the attack warrant an extraordinary release, and that the presidency should be protected from the erosion of executive privileges for the upcoming presidency.
“By continuing to see how unusual and extreme this is, it limits the precedent,” said Jonathan Schaub, assistant professor of law at the University of Kentucky. Legal Advisor in the Obama Administration.
But those other exceptions happened in the pre-Trump world, when there were obvious habits and rhetoric at this time and, in general, a fact. Today, much of the country believes that Trump’s lie is the rightful winner of the 2020 election, despite evidence to the contrary, and that Trump and his allies have made great efforts to recreate the events of January 6. Riots are patriots of warriors.
If history is any guide, once the door opens for reviewing past presidential records, future congressmen and presidents may open it further as a political promise.
This is the path that Washington is pursuing. In 2013, Democrats used to remove the filibuster, the so-called nuclear option, which required 60 votes to approve most presidential appointments and nominations, but managed it for legislation and Supreme Court picks. In 2017, when Republicans took control of Washington, they took the tactic even further, and during the Trump years, they placed three justices on the Supreme Court by simple majority votes.
Presidents protect their executive privilege to keep White House records private for themselves and their predecessors. But if any White House proceeds to refuse a congressional request for records on Trump’s activities, Democratic lawmakers may oppose their support for advancing Biden’s agenda.
The documents requested by the congressional committee are part of a lengthy and thorough investigation into how the group was able to infiltrate the Capitol and disrupt Biden’s presidential victory in the most serious attack on Congress in two centuries. More than 630 people have been charged in the attack, making it the largest prosecution in US history.
Thousands of documents have been requested by the Trump administration to determine how the rebellion could occur. Many of those requests went to the National Archives, where correspondence was held in Trump’s office.
According to the executive order on presidential documents, the archivist of the United States must “follow any instructions given by the defending president or his designers, unless directed by a final court order.”
“Congress is reviewing the invasion of our constitution and is excited and excited by the democratic institutions that have vowed to protect them,” White House adviser Dana Remus wrote in a letter to the archivist. “The constitutional protections of executive privilege should not be used to protect Congress or the public, reflecting a clear and clear attempt to overthrow the Constitution itself.”
Trump responded with his own letter to the National Archives, officially asserting the privilege on about 50 documents.
Referring to the Presidential Records Act, Trump wrote, “I am hereby making a constitutional-based privilege defense of all additional documents.” He said if the committee seeks other information, they will consider special information, “and I will take necessary and appropriate measures to protect the presidential office.”