Executive Privilege and Former Presidents: Constitutional Principles and Current Application [September 20, 2021] [open pdf - 706KB]
From the Document: "A number of congressional committees, including the newly created House Select Committee to Investigate the January 6th Attack on the United States Capitol (Select Committee) [hyperlink], are currently investigating issues associated with the events of January 6, 2021. The Select Committee, which has suggested that it will conduct an inquiry that includes scrutinizing the actions of then-President Donald Trump, recently announced [hyperlink] it was seeking a variety of relevant documents from the National Archives and Records Administration (National Archives) and other executive branch agencies. These initial requests included [hyperlink] demands for Trump Administration documents, including 'communications within and among the White House and Executive Branch agencies during the leadup to January 6th and on that day.' Signaling a possible legal confrontation, former President Trump responded [hyperlink] to that announcement by asserting that the Select Committee's requests were 'being performed at the expense of long-standing legal principles of privilege,' and that 'Executive privilege will be defended.'"
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Congressional Research Service: https://crsreports.congress.gov/