A Federal Judge Isn’t Buying What Trump Is Selling On Executive Privilege

Chutkan said she agreed that releasing the papers was irreversible but asked what basis Trump had to keep them secret, given that they are all public records. “We’re talking about documents that are quintessentially about government business. Are we not?” she said. “Where is the harm? Tell me the harm.”

“The harm exists to the institution of the presidency,” Clark responded.

To get more stories like this, subscribe to our newsletter The Daily.

To which Chutkan countered: “Well, the current president disagrees. Shouldn’t that weigh in?”

Executive Authority Rests With The Current President

The Judge pointed out that The Presidential Records Act of 1978 gives the current president the authority on assertions of executive privilege, and the 1974 Nixon case that Trump’s lawyers seem to be basing their case on isn’t as helpful to them as they think it is.

The fact that the arguments on this case are happening so quickly and the Judge seems unlikely to issue an injunction blocking the release of the papers to the 1/6 Committee is all bad news for Trump.

The former president and his lawyers are trying to make up a legal basis for a privilege claim that doesn’t exist. 

The law and the Constitution are both clear in that executive power rests with the current president.

It looks like Donald Trump is heading for another loss in court.