REPORT: Trump, Bush could assert executive privilege over Kavanaugh files Dems want
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President Donald Trump and former President George W. Bush can review a request from House Democrats for records relating to Justice Brett Kavanaugh’s work as a top White House aide.
The National Archives, the agency to whom Democrats on the House Judiciary Committee directed their request, is required by federal law to notify the sitting president and former presidents of such demands, so that the presidents can review the relevant records for possible assertions of executive privilege.
The article goes on to state the following:
During Kavanaugh’s confirmation process, Democrats objected when the administration withheld almost 30,000 records from Kavanaugh’s work as a White House lawyer. Legal representatives of the George W. Bush Presidential Library and Museum told the Senate Judiciary Committee those documents touch “the core of a president’s constitutional privileges,” including counsel to the president himself, advice about prospective judicial nominees, and discussions relating to legislation or executive orders under consideration.
Executive privilege is defined as:
the privilege, claimed by the president for the executive branch of the US government, of withholding information in the public interest.
“This power can be used in two circumstances: ‘(1) certain national security needs and (2) protecting the privacy of White House deliberations when it is in the public interest to do so.’ The second part is especially valuable, as it allows presidential advisors to freely speak their minds without the threat of a subpoena,” ConstitutionCenter.org explains.
“House Democrats request Justice Brett Kavanaugh’s White House records for review”: Alex Swoyer of The Washington Times has this report.
And David Morgan of Reuters reports that “U.S. agency says Trump, Bush can review Kavanaugh records request.” https://t.co/OU6cNB2Ucc
— Howard Bashman (@howappealing) August 8, 2019
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