What is executive privilege, and why doesn’t the Supreme Court provide a clear answer?

Published September 8, 2022 12:00am ET



A federal judge’s Monday order granting former President Donald Trump‘s request for a special master to review documents seized from Trump’s Mar-a-Lago home and determine if some items may be protected by executive privilege has prompted fresh questions about a former president’s entitlements.

That’s partially because federal courts, including the Supreme Court, have been relatively ambiguous as to the limits of executive privilege and have never explicitly defined what types of documents are and are not protected.

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