WASHINGTON (AP) — Since George Washington's time, presidents have used executive privilege to resist congressional inquiries in the name of protecting the confidentiality of their decision-making.
President Donald Trump threatened this past week to broadly assert executive privilege to block a number of current and former aides from testifying, including some who have cooperated with special counsel Robert Mueller's Russia investigation. It's a strategy that could lead to a messy, protracted legal fight, but even if the White House is eventually defeated in court, the president and his allies could have the chance to run out the clock to the 2020 election.
"So, if I'm guilty of anything, it's that I've been a great president and the Democrats don't like it, which is a shame," he said. That reflects a shift in legal tactics for Trump's lawyers. At first, they cooperated with Mueller's 22-month investigation, encouraging officials to testify and turning over more than a million documents. But starting last spring, the White House took a far more adversarial approach, publicly questioning the investigation's integrity and resisting some requests.
When it came to the Watergate tapes, the Supreme Court said it had the final word, and lower courts have occasionally weighed in to resolve other disputes. But courts also have made clear they prefer that the White House and Congress resolve their disagreements without judicial intervention, when possible.
Recent presidents have leaned on the approach. President George W. Bush used it to shield some sensitive information from Congress after the Sept. 11 attacks. The Clinton administration used it to try to keep private Hillary Clinton's answers during the Monica Lewinsky investigation.
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