Thread by @JuddLegum

1. The Trump admin is attempting an illegal, racist, partisan power grab by rigging the 2020 Census.

Now Trump invoked "executive privilege" to shield docs relating to the plot

But there is A LOT of misinformation and confusion about executive privilege popular.info/p/check-your-e…

2. @theskimm which is a newsletter that goes out to millions of people, says that executive privilege is "the legal principle that presidents don't have to comply with Congressional subpoenas"

THIS IS COMPLETELY FALSE

This stuff is pretty important so lets get it right.

@theskimm 3. Executive privilege creates a presumption that protects certain presidential communications from being disclosed

BUT THAT PRESUMPTION IS NOT ABSOLUTE AND CAN ALWAYS BE OVERCOME

That's why, for example, Nixon was required to turn over his tapes
popular.info/p/check-your-e…

4. Executive privilege is strongest when it involves communications by or for the prez. In the case of the Census docs, the president is not involved. Trump is invoking the "deliberative process privilege," which is the weakest form of executive privilege popular.info/p/check-your-e…

5. Courts can consider any number of factors to overcome the deliberative process privilege

And the privilege DISAPPEARS when "there is any reason to believe government misconduct has occurred."

That certainly seems to be the case with the 2020 Census

popular.info/p/check-your-e…

6. Congress held Eric Holder in contempt for not turning over docs related to Operation Fast and Furious. The Obama administration asserted the deliberative process privilege AND LOST

popular.info/p/check-your-e…

6. It's important to understand what executive privilege is and also that the Trump admin is just trying to keep as much as possible under wraps until the Census forms are printed

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