1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Executive Privilege and the January 6 Investigations: The Presidential Records Act and Relevant Judicial Considerations September 20, 2021 As discussed in this companion Sidebar, a former President retain
2、s the right to invoke executive privilege to protect covered communications that were made while in office. The strength of those protections, however, erode over time and weaken further when not supported by the incumbent President. This Sidebar first discusses how these basic principles are reflec
3、ted in the Presidential Records Act (PRA) and its implementing regulations, which set forth rules for the management and disclosure of a former Presidents records by the National Archives. The Sidebar then discusses how both the PRA and constitutional considerations could be relevant to a brewing le
4、gal dispute between former President Trump and the House Select Committee to Investigate the January 6th Attack on the United States Capitol (Select Committee) over access to the former Presidents records. The PRA and the Role of the Incumbent President Both a former Presidents authority to invoke t
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