The United States Court of Appeals for the District of Columbia Circuit delivered a ruling that could impact executive privilege and separation of powers, criticizing Special Counsel Jack Smith’s tactics in the investigation of former President Trump’s Twitter communications.
The court emphasized the importance of executive privilege and criticized the handling of the case, denying the appellant’s petition for rehearing en banc.
The court document noted that “judicial disregard of executive privilege undermines the Presidency, not just the former President being investigated in this case.” (Trending: Two Names Emerge As Trump’s Possible 2024 Running Mate)
“This unprecedented approach is mistaken for at least three reasons.”
“The absence of a presumptive privilege particularly threatens the Chief Executive when, as here, a third party holds presidential communications,” it later added.
The ruling sets a conservative tone for future cases involving similar issues and is a significant setback for Special Counsel Jack Smith.
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