![]() ![]() ![]() In fact, the government has virtually nothing to do (besides briefing its appeal to the Eleventh Circuit) until November 4, at which time Trump will dump the entire load of documents on them, along with his privilege assertions and claims that he transubstantiated it all into personal property by means of mental telepathy or astral projection. 20 for a deep dive into specific steps law departments can take to come out on top in the… From Wolters Kluwer and Above The Law 683, (1974) that an invocation of privilege cannot be used to thwart a criminal investigation and must give way to the government’s ‘demonstrated, specific need’ for presidential records. And not for nothing, but the Supreme Court already held in United States v. The PRA also specifies that the incumbent president gets access to his predecessor’s records “if such records contain information that is needed for the conduct of current business of the incumbent President’s office and that is not otherwise available.” So Trump’s effort to assert executive privilege as against the executive branch, of which the Justice Department is a part, is destined to fail. ![]() The Presidential Records Act (PRA) instructs the Archivist to make presidential documents available “pursuant to subpoena or other judicial process issued by a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding,” meaning that no invocation of executive privilege by an ex-president could ever be used to thwart a criminal investigation. From Stephanie WilkinsĪnd speaking of unpleasant disclosures, Judge Dearie’s proposed case management plan instructed Trump to distinguish between documents subject to “executive privilege that prohibits review of the document within the executive branch” and those covered by “executive privilege that prohibits dissemination of the document to persons or entities outside the executive branch.” Clearly Trump’s lawyers would prefer not to have to publicly drop anything into that second bucket, since that is a bucket which does not exist. Read on to learn how empowering your clients with equity solutions can set them and their employees up for success. ![]()
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