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.@jacklgoldsmith's thread is making this issue seem too abstract. It's much more concrete: Federal law imposes a mandatory reporting obligation on the (Acting) DNI.
If the Executive Branch has a constitutional privilege claim, it should assert it. Otherwise, it should comply.
If the Executive Branch has a constitutional privilege claim, it should assert it. Otherwise, it should comply.
The two letters from the ODNI GC that have been made public vaguely refer to potential privileges, but neither invokes a constitutional privilege as the reason why the (Acting) DNI has not complied with 50 U.S.C. § 3033(k)(5)(C). Until/unless that happens, this shouldn't be hard.
To be sure, Jack and I likely disagree on the contours and applicability of the privileges that might potentially come into play.
My point is more modest:
This isn't (yet) a conflict between a clear statute and a claimed privilege; it's just the (Acting) DNI ignoring the law.
My point is more modest:
This isn't (yet) a conflict between a clear statute and a claimed privilege; it's just the (Acting) DNI ignoring the law.
