“I think that this order may be problematic, in that it allows the special master to review for executive privilege without really defining what that means. A special master doesn’t make legal decisions. A special master does sorting work… It’s really nonsensical to think that a former president can assert executive privilege against the executive branch. We have seen some courts recognize a residual privilege in a former president that can be requested and then asserted by the incumbent president, if he agrees, but only as to third parties, like Congress, when they’re asking for information.”
— Former U.S. attorney Barbara McQuade, quoted by PBS.
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