Jenner & Block

“The Mueller Investigation and Waiving Presidential Communications Privilege,” Bloomberg

In this article, Partner Emily M. Loeb and Associate Zachary Blau focus on the ongoing dispute between the House of Representatives and Trump Administration over Executive Privilege in the wake of the release of Special Counsel Robert Mueller’s report.  Now, a lawsuit filed against former White House Counsel Don McGahn seeks to compel him to testify before the House Judiciary Committee.  The authors predict that, under DC Circuit precedent, courts would find his information not-protectable under Executive Privilege because it was not kept confidential.