Trump makes executive privilege threat as House committee seeks documents from agencies on January 6

[LetMyPeopleVote]

14. Why Trump's threats to block Jan. 6 committee won't work: former FBI deputy

The DOJ has stated that they will not assert executive privilege

Link to tweet

Former President Donald Trump was made aware of the subpoenas for documents requested of his former administration and he's threatening to invoke his power as the president. There's just one problem: he's not the president anymore.

After the statement from Trump was reported, legal experts explained that his attempts are likely to be difficult.

In July, the New York Times and Politico reported that the Department of Justice has now informed Trump administration witnesses that it "does not support an assertion of executive privilege — in its presidential communications" and "deliberative process." The department then advised witnesses in other cases that they can give "unrestricted testimony," which is how it was revealed Trump tried to manipulate the Justice Department to overthrow the 2020 election.

The thought is that executive privilege would protect the administration's confidential communication as it relates to what's going on in the administration. If the administration no longer exists, are those protections necessary given that the communications are no longer related to what's going on in the administration?

It "would not be appropriate to assert executive privilege with respect to communications with former President Trump and his advisers and staff on matters related to the committee's proposed interviews," the DOJ said in their decision.