Trump’s justice department has found a new way for presidents to avoid accountability | Claire Finkelstein
Summary
A new memo from the Department of Justice’s Office of Legal Counsel says private advisers to a president can use executive privilege to avoid subpoenaed questioning. This could make it harder for Congress or courts to get witnesses to testify about possible presidential wrongdoing.Key Facts
- Executive privilege lets presidents keep certain communications private.
- The new memo says private advisers can also claim this privilege, extending presidential protection.
- This change could block important witnesses from testifying in investigations.
- In 2019, White House counsel Don McGahn refused to testify about President Trump’s actions, citing testimonial immunity based on executive privilege.
- Courts often reject claims of executive privilege, as seen with Presidents Clinton and Nixon in past cases.
- The memo’s approach is broader than previous ones and applies to private advisers, which is unusual.
- Executive privilege has been claimed since the early days of the U.S., but courts usually limit its scope.
- This policy change raises concerns about accountability and potential presidential corruption.
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