Two Minute Explainer: What is Executive Privilege? | Summary and Q&A

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November 7, 2021
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Noah Zerbe
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Two Minute Explainer: What is Executive Privilege?

TL;DR

The January 6th Committee requests documents from the Trump administration, including high-ranking officials, facing the issue of executive privilege.

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Key Insights

  • 😀 The January 6th Committee investigates the Capitol riots, requesting documents from the Trump administration and facing challenges due to assertions of executive privilege.
  • 👻 Executive privilege allows the President to withhold confidential communications from inquiry, shaping the balance of power between branches of government.
  • 🇺🇸 The United States v Nixon case established a precedent for executive privilege, leading to ongoing disputes between Congress and the President over the extent of privilege.

Transcript

If you've been following the news over the  past several weeks you've probably seen lots   of coverage of the January 6th Committee in the  US House of Representatives. That committee is   officially charged with investigating the events  that surrounded the January 6th riots in the US   Capitol Building. As part of its investigation,  the committe... Read More

Questions & Answers

Q: What is the January 6th Committee investigating?

The January 6th Committee is investigating the events surrounding the Capitol riots, requesting documents and subpoenaing high-ranking Trump officials to understand the events that transpired on that day.

Q: What is executive privilege and how does it impact the current situation?

Executive privilege allows the President to withhold confidential communications from inquiry, creating a standoff between the January 6th Committee seeking information and President Trump's claim of privilege to prevent disclosure.

Q: How has the scope of executive privilege evolved over time?

The scope of executive privilege has expanded with broad and sweeping claims, leading to ongoing battles between Congress and the President over the extent of privilege and the balance of power between branches of government.

Q: How is the current standoff regarding executive privilege different from past situations?

President Biden has declined to assert executive privilege, indicating that the Justice Department will enforce the committee's subpoenas, setting up a legal battle with President Trump who seeks to block the disclosure of records.

Summary & Key Takeaways

  • The January 6th Committee is investigating the Capitol riots, requesting documents and subpoenaing Trump officials like Mark Meadows and Steve Bannon.

  • Executive privilege allows the president to withhold confidential communications from judicial and legislative inquiry based on separation of powers doctrine.

  • The scope of executive privilege has been debated, with the Supreme Court's ruling in the United States v Nixon case shaping the ongoing battles between Congress and the President.

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