And Congress Shall Be King

The House claims it, and only it, can define executive privilege.

The House has the unilateral power to define executive privilege, and a President has no constitutional authority to resist. If he does resist, the House can throw him out of office.

This is contrary to the design and intention of the Constitution’s separation of powers, which establishes three co-equal branches. It is contrary to any previous understanding of Congressional subpoena power and the ability of a President to protect his power to deliberate with advisers. And it is contrary to Supreme Court precedents on the tension between Congress and the executive.

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