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former president can t climb executive privilege after leaving office. was that question answered? it is an open question of law. the judge was correct in that. now, it is very difficult for a former president to invoke executive privilege particularly when the current president is not invoking it but the supreme court has never closed the door on this. the nixon case from 1977, not the nixon tapes kis, the other case, the supreme court specifically said there could be times when a former president has a right to invoke executive privilege or at least to try, but it s particularly difficult when it s against the current president. and the supreme court this year in the archives case related to january 6th basically said our ruling here denying executive privilege is not based on the fact that donald trump is a former president. so it s not black-letter law, signed, stamped, sealed, no former president can ever invoke executive privilege but it s a serious uphill climb to get there.

Executive privilegeSupreme courtNixon tapes kisDonald trumpJanuary 6thU sBlack letter lawCover sheets