, 4 tweets, 1 min read
1/ This sort of tell-all has become the norm, so we rarely ask some obvious questions: Why do officials think it's ok to publish accounts of confidential presidential communications, even while the POTUS is in office (& even on nat'l security matters!)?

politico.com/magazine/story…
2/ ... Do government employment contracts and regs purport to regulate such post-employment disclosures? And how, if at all, does/should the ubiquity of such memoirs/disclosures affect the doctrine of executive privilege as it's been developed by courts and DOJ?
3/ Does it undermine the presumptions and predicates underlying the privilege (i.e., that the POTUS's expectation of nondisclosure is crucial for candor in such communications)? How should it affect the "balancing" test the SCOTUS has prescribed? Etc.
4/ P.S. This isn't a Trump-specific point: It happens in *every* administration. A lot. Contrast that with, e.g., the strong norm against disclosures from within the SCOTUS--and even far fewer contemporaneous memoirs about confidential discussions in Congress
Missing some Tweet in this thread? You can try to force a refresh.

Enjoying this thread?

Keep Current with Marty Lederman

Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!