ABSTRACT

Executive Privilege and the January 6 Investigations: The Presidential Records Act and Relevant Judicial Considerations [September 20, 2021]   [open pdf - 704KB]

From the Document: "As discussed in this companion Sidebar [hyperlink], a former President retains the right to invoke executive privilege to protect covered communications that were made while in office. The strength of those protections, however, erode [hyperlink] over time and weaken further when not supported by the incumbent President. This Sidebar first discusses how these basic principles are reflected in the Presidential Records Act [hyperlink] (PRA) and its implementing regulations, which set forth rules for the management and disclosure of a former President's records by the National Archives. The Sidebar then discusses how both the PRA and constitutional considerations could be relevant to a brewing legal dispute between former President Trump and the House Select Committee to Investigate the January 6th Attack on the United States Capitol (Select Committee) over access to the former President's records."

Report Number:
CRS Legal Sidebar, LSB10643
Author:
Publisher:
Date:
2021-09-20
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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