Yes and one of the issues is to whom does it belong, the former executive or the current executive?
Here’s the more difficult question: can a former president claim executive privilege? In a 1977 case, the Supreme Court ruled that even after leaving office, former President Nixon continued to enjoy a presidential-communications privilege, but that privilege was tempered by certain factors, including how long Nixon (or any former president) has been out of office and–crucially–how a current president views the former president’s invocation of the privilege.
And in the case mentioned in the article Trump sued and lost the case.
The appeals court panel concluded unanimously that Trump could not assert executive privilege over the records as a former president because the incumbent, President Joe Biden, had agreed to hand the files over to the House committee.
The way I have heard this expressed is executive privilege belongs to the current executive.
I think they ruled executive privilege was not absolute
https://supreme.justia.com/cases/federal/us/418/683/
PRIMARY HOLDING
The President cannot shield himself from producing evidence in a criminal prosecution based on the doctrine of executive privilege, although it is valid in other situations.
Here's the MSM hot take on why that WAS THE RIGHT THING TO DO.
Biden's Refusal to Back Trump's Executive Privilege Claim Is the Right Call
https://time.com/6105636/biden-executive-privilege-january-6/
Keep in mind the Supreme Court ruled in 1974 in United States v. Nixon that executive privilege does exist.
Yes and one of the issues is to whom does it belong, the former executive or the current executive?
And in the case mentioned in the article Trump sued and lost the case.
The way I have heard this expressed is executive privilege belongs to the current executive.
I think they ruled executive privilege was not absolute https://supreme.justia.com/cases/federal/us/418/683/ PRIMARY HOLDING The President cannot shield himself from producing evidence in a criminal prosecution based on the doctrine of executive privilege, although it is valid in other situations.