Trump is expected to sue Biden in his bid to hide documents related to the 1/6 attack from investigators, and the former president is expected to lose.
Legal experts said they think Biden, as the sitting president, is more likely to prevail in court. But they said the legal questions raised by this conflict are significant.
“This is one of the historic tests of executive power,” said Walter Dellinger, who was solicitor general under President Bill Clinton and now teaches constitutional law at Duke University. Still, he said, “the decision of the current president not to assert executive privilege is going to weigh heavily” on those having to make the decision.
Biden Is Expected To Prevail Because Executive Privilege Resides With The Current President.
Trump is claiming that executive privilege over deliberations extends to after a president leaves office. If this was the case, historians and the American people would never get to study and understand how presidents made key decisions.
Executive branch communications were turned over to congressional investigators during the Watergate and Iran Contra investigations. The 1/6 Committee isn’t asking for anything different or unprecedented.
Trump lost the 2020 election multiple times to President Biden, and he appears to be setting himself up for another defeat in court.
Mr. Easley is the managing editor. He is also a White House Press Pool and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association