ABA Journal: Jonathan Adler, the Johan Verheij Memorial Professor of Law, disagreed with the view that that an incumbent president should make executive privilege decisions. “A current president may be all too willing to allow disclosures that may undermine the reputation of a predecessor of the opposing party and may not be fully aware of why certain documents or materials raise legitimate privilege concerns,” Adler said, adding that the invocation of the privilege by a former president doesn’t necessarily mean that it should prevail. “In this case, the legislature’s interest in obtaining the relevant information is quite substantial.”
