Editor’s Note: Pursuant to a FOIA settlement, the Knight Institute recently received a set of previously undisclosed OLC memoranda related to executive privilege. They have provided these memoranda to Lawfare to read and consider how they fit into the existing public knowledge of OLC’s views on executive privilege.
It is by now widely recognized that the executive branch—the president in particular—has been accumulating and exercising increasing constitutional authority over the past several decades, often at the expense of Congress. The legal scaffolding that supports this authority and the accompanying presidential action usually consists of a mix of judicial precedents, historical practice, and constitutional exposition. And the group of lawyers that typically
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