Brad Sallows
Army.ca Legend
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Appointing a special master is a pretty ordinary thing to do, and strengthens claims of fairness.
Executive privilege is like the Senate legislative filibuster. It's not possible to set it aside even sparingly "because this time is special". If the current president waives a past president's privilege over something widely perceived as originating in political differences, everyone has to assume nothing is protected and might be used to political advantage by future presidents; the whole point of executive privilege - to minimize an obvious disincentive for people to communicate bluntly and frankly (thus clearly) - is corroded, permanently. The customary respect for privilege becomes another "institution" burned away for a one-time political play.
Those who worry about "democracy in danger" would be better off going through processes - such as the special master appointment - which are safeguards.
Executive privilege is like the Senate legislative filibuster. It's not possible to set it aside even sparingly "because this time is special". If the current president waives a past president's privilege over something widely perceived as originating in political differences, everyone has to assume nothing is protected and might be used to political advantage by future presidents; the whole point of executive privilege - to minimize an obvious disincentive for people to communicate bluntly and frankly (thus clearly) - is corroded, permanently. The customary respect for privilege becomes another "institution" burned away for a one-time political play.
Those who worry about "democracy in danger" would be better off going through processes - such as the special master appointment - which are safeguards.