This article provides a historical perspective of the evidentiary privilege doctrines that are in play in the current Special Counsel investigation. New issues of waiver by tweet are addressed. It is well established that a sitting president is subject to judicial process in certain circumstances, and that President Trump and his close advisors have and will continue to claim one or both of these privileges. I predict that these privileges will be inapplicable, applicable but waived, or applicable but fall within the crimefraud exception to the privileges. The crime-fraud exception has never been raised in a Special Counsel investigation of a sitting president. This timely article explains the privileges and the likely outcomes of the claims.
Ann M. Murphy,
All the President's Privileges,
27 J. L. & Pol'y
Available at: https://brooklynworks.brooklaw.edu/jlp/vol27/iss1/1