Jan. 6 and Mar-a-Lago Inquiries Converge in Fights Over Exec Privilege

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Fresno CA

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How much residual executive privilege can a former president invoke after leaving office? As the Justice Department investigates both Mr. Trump’s attempt to overturn the 2020 election and his retention of sensitive documents at his Florida residence, his legal team has repeatedly claimed that he has retained power to keep information secret, allowing him to block prosecutors from obtaining evidence about his confidential Oval Office communications. President Biden is not backing Mr. Trump’s attempt to use that power, and many legal scholars and the Justice Department have argued that he is stretching the narrow executive privilege rights the Supreme Court has said former presidents may invoke. But there are few definitive legal guideposts in this area, and the fights could have significant ramifications.

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