Democrat Biden agreed to a request by Congress for sensitive information about the actions of Donald Trump and his aides in the Jan. 6 rebellion, although the former president claimed that executive privilege protects the information.
Biden's move is not the end. Republican Trump said he would challenge the requests, and a long legal battle is likely. Ex-presidents can enjoy executive privilege in certain cases, according to courts.
The legal world's playbook is very different from that of the political world. Saikrishna Prakash is a University of Virginia law professor who studies presidential powers.
Executive privilege, although not explicitly stated in the Constitution is designed to allow a president to seek candid counsel from his advisors without fear of immediate disclosure. It also protects his confidential communications regarding official responsibilities.
However, this privilege is subject to limitations in exceptional situations. This was evident during the Watergate scandal when the Supreme Court ruled it could not be used as a shield for the release of secret Oval Office tapes in criminal investigations and after the September 11 terrorist attacks.
According to Biden's White House counsel, Jan. 6's insurrection is part of those ranks. He wrote to the Archivist of America, the keeper of records. In an attempt to prevent Biden's election win being certified, a mob of Trump supporters attacked the building.
Jen Psaki, White House Press Secretary, stated that the congressional panel was investigating "a dark day" in democracy. She said the ex-president tried to undermine our Constitution, democratic processes, and the Constitution.
Some experts stated that the argument that the attack justified the extraordinary release should be used to protect executive privilege for future presidencies.
