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The Scope of Executive Privilege: Unpacking the D.C. Circuit’s Latest Decision
['Andy Wright', 'Tara Ganapathy', 'K. Sabeel Rahman', 'Sam Berger', 'Just Security', 'Steve Vladeck', 'Jess Dawgert', 'Sarah Buckley', 'Michael Schmitt', '.Wp-Block-Co-Authors-Plus-Coauthors.Is-Layout-Flow']
Just Security
The opinion significantly raises the stakes surrounding both the assertion of executive privilege, and decisions regarding compliance with congressional subpoenas.
For the courts to prescribe how an executive invokes privilege, Navarro argued, would infringe upon the President’s Article II authority.
1977), and reaffirmed the foundational principle that “executive privilege belongs to the Presidency” and no one else.
Major TakeawaysExecutive PrivilegeNavarro II’s holding on executive privilege clarifies that the President, or their authorized representative, must take clear accountability for invocations of executive privilege.
For this reason, it is rare to see executive branch officials immediately invoke executive privilege, and instead we often see executive branch officials citing “confidentiality interests.”