Can executive privilege shield a president's actions as a nonprofit board chairman from public scrutiny?

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Yes, but only if a court accepts that the president was acting in an official presidential capacity rather than merely as head of a nonprofit board. That is the central issue in the Kennedy Center case. The Trump administration argues that the presidential communications privilege protects confidential discussions between the president and advisers, including non-government advisers, when those communications relate to official presidential decision-making. A recent Justice Department Office of Legal Counsel opinion supports that broader view, saying the privilege can extend beyond the executive branch if the advice concerns presidential duties. Rep. Joyce Beatty’s lawyers argue the opposite: that Trump’s actions as Kennedy Center board chairman are not the exercise of Article II executive power. Their position is that the Kennedy Center is a congressionally created nonprofit, not part of the White House, and that serving as its chair is a trustee role with ordinary board obligations, not a presidential function. If the judge agrees, executive privilege would be much harder to sustain. The law is unsettled. Executive privilege is strongest for core White House deliberations, but courts can reject or narrow it when the president’s role is mixed, indirect or nontraditional. Even a valid privilege claim is not absolute; it can be overcome by a sufficiently strong need for the evidence. So the answer is not automatic. The administration can assert executive privilege, but whethe…

Justice Department Defends Trump Privilege Claim in $257 Million Kennedy Center Case

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Justice Department Defends Trump Privilege Claim in $257 Million Kennedy Center Case

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