When Can the President Claim Executive Privilege?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 21 March 2019

⏱️ 51 minutes

🔗️ Recording | iTunes | RSS

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Summary

Now that Special Counsel Robert Mueller has submitted the findings from his investigation into Russian interference in the 2016 election, many are wondering, what will happen next? John Yoo of Berkeley Law School and Steve Vladeck of University of Texas Law School detail the possible scenarios and examine how the president and Congress might respond—focusing on potential executive privilege claims by President Trump. They also consider how President Trump might claim executive privilege in other contexts—like the House obstruction inquiry, a possible impeachment probe, attempts to prevent release of notes from his Helsinki meeting with Vladimir Putin, or in pending civil lawsuits against him. Jeffrey Rosen hosts. Note: This podcast was recorded on Wednesday, March 20th, before the news broke (on Friday) that the Mueller report was completed. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome
0:10.1	to We The People, a weekly show of constitutional debate.
0:13.6	The National Constitution Center is a nonpartisan, non-profit chartered by Congress to increase
0:18.8	awareness and understanding of the Constitution among the American people.
0:24.3	As the Special Counsel Robert Mueller reportedly wraps up his investigation into Russian
0:30.3	interference in the 2016 election.
0:33.0	Many wonder what will happen when the report is completed.
0:37.0	If the Attorney General releases the report, might the President try to block its release by invoking
0:41.2	executive privilege.
0:43.0	What is the scope and history of executive privilege?
0:46.0	Does it apply to pre-presidential conduct?
0:48.0	Does it apply to civil suits?
0:49.0	All of these important constitutional questions
0:52.0	are the ones we'll be discussing on today's
0:54.6	podcast on executive privilege and the Constitution.
0:57.6	And here to discuss these crucial questions are two of America's leading scholars of presidential
1:02.2	power, two great friends of the We The People
1:04.4	Podcast.
1:05.4	John Yu is the Emmanuel Heller Professor of Law at Berkeley Law School where he is also the director
1:10.7	of the Korea Law Center, the California Constitution Center, and the program
1:14.9	in public law and policy.
1:17.8	John, thank you so much for joining us again.
	...

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