Will Trump Assert Executive Privilege In Travel Ban Trials? Seattle Judge Lets Case Proceed

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Publish Date:
March 10, 2017
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Source:
ABA Journal
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Summary

Citing President Donald Trump’s “see you in court” tweet, a federal judge in Seattle on Monday allowed a challenge to the president’s temporary travel ban to proceed in his court without delay.

The decision by U.S. District Judge James Robart sets the stage for a new conflict between the branches of government. Robart would have to decide whether to require administration officials to testify in depositions and what type of evidence should be disclosed to the two states that are suing, the Wall Street Journal (sub. req.) reports.

Stanford University law professor David Freeman Engstrom told the Wall Street Journal that the White House could assert a form of executive privilege that protects communications related to the formulation of policies. Judges considering the privilege would have to weigh the need for the privilege against the interests for disclosure, Engstrom said.

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