ALL THE PRESIDENT'S PRIVILEGES.

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  • Author(s): Murphy, Ann M.
  • Source:
    Journal of Law & Policy. 2018, Vol. 27 Issue 1, p1-46. 46p.
  • Document Type:
    Article
  • Additional Information
    • Subject Terms:
    • Abstract:
      Is President Trump's attorney-client privilege really dead, as he asserted in a recent tweet? Special Counsel Robert Mueller's investigation of Russian interference in the 2016 presidential election has thus far resulted in the conviction of his former campaign chair, guilty pleas of six individuals, and twelve additional individuals and entities being charged with federal crimes. Those close to President Trump have raised the attorneyclient privilege and the executive privilege, but many have testified before the Special Counsel and Congress. Are the attorney-client and executive privileges applicable in the present cases? Although Special Counsel investigations are relatively rare, Special Counsels have investigated recent acts of presidential associates and former presidents. Criminal charges have been quite rare, and the law on privileges in this area is sparse. The single source of much of this is the U.S. v. Nixon case, where a subpoena duces tecum was refused by President Nixon in a pending criminal case where he was an unindicted coconspirator. He was ordered to provide the material to the prosecutor's office. The Clinton v. Jones case is another rare case in this area and established that a president does not have immunity of any kind for unofficial conduct. 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 claims of the claims. [ABSTRACT FROM AUTHOR]
    • Abstract:
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    • ISSN:
      1074-0635
    • Accession Number:
      137178633
  • Citations
    • ABNT:
      MURPHY, A. M. All the President’s Privileges. Journal of Law & Policy, [s. l.], v. 27, n. 1, p. 1–46, 2018. Disponível em: . Acesso em: 24 ago. 2019.
    • AMA:
      Murphy AM. All the President’s Privileges. Journal of Law & Policy. 2018;27(1):1-46. http://ezproxy.parker.edu/login?url={targeturl}. Accessed August 24, 2019.
    • APA:
      Murphy, A. M. (2018). All the President’s Privileges. Journal of Law & Policy, 27(1), 1–46. Retrieved from http://ezproxy.parker.edu/login?url={targeturl}
    • Chicago/Turabian: Author-Date:
      Murphy, Ann M. 2018. “All the President’s Privileges.” Journal of Law & Policy 27 (1): 1–46. http://ezproxy.parker.edu/login?url={targeturl}.
    • Harvard:
      Murphy, A. M. (2018) ‘All the President’s Privileges’, Journal of Law & Policy, 27(1), pp. 1–46. Available at: http://ezproxy.parker.edu/login?url={targeturl} (Accessed: 24 August 2019).
    • Harvard: Australian:
      Murphy, AM 2018, ‘All the President’s Privileges’, Journal of Law & Policy, vol. 27, no. 1, pp. 1–46, viewed 24 August 2019, .
    • MLA:
      Murphy, Ann M. “All the President’s Privileges.” Journal of Law & Policy, vol. 27, no. 1, Sept. 2018, pp. 1–46. EBSCOhost, ezproxy.parker.edu/login?url={targeturl}.
    • Chicago/Turabian: Humanities:
      Murphy, Ann M. “All the President’s Privileges.” Journal of Law & Policy 27, no. 1 (September 2018): 1–46. http://ezproxy.parker.edu/login?url={targeturl}.
    • Vancouver/ICMJE:
      Murphy AM. All the President’s Privileges. Journal of Law & Policy [Internet]. 2018 Sep [cited 2019 Aug 24];27(1):1–46. Available from: http://ezproxy.parker.edu/login?url={targeturl}