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What is executive privilege? Trump's move in Kennedy Center case explained
Trump invoked executive privilege to withhold Kennedy Center records as Rep. Joyce Beatty challenges plans to close the venue for renovations.
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President Donald Trump has invoked executive privilege to keep certain records about the Kennedy Center from being shared with Democratic Rep. Joyce Beatty of Ohio. The move comes as Beatty challenges Trump’s plans to close the performing arts venue for two years for renovations.
In a court filing on Wednesday, October 14, White House deputy counsel Joshua Hoyt told a federal judge that the protection covers communications between Trump, his advisers and Kennedy Center employees.
The records concern the president’s role in the institution and its management. The dispute raises questions about whether Trump can use executive privilege to protect communications linked to his separate role as chairman of the Kennedy Center’s board.
What is executive privilege?
Executive privilege is the president’s ability to keep certain government communications confidential, particularly discussions with advisers about official decisions. It is meant to allow the president and those working with him to discuss options and give advice without fearing that every conversation will become public.
However, this protection is not unlimited. Courts can require the release of protected information if the need for it is strong enough. The Congressional Research Service has explained that presidential communications privilege is qualified, meaning it can be overcome when there is an adequate need for the records.
Why has Trump invoked executive privilege?
Hoyt argued that Trump needs access to information about the Kennedy Center because the president appoints members of its board and the Advisory Committee on the Arts. This, he said, requires Trump to understand the institution’s management, operations, fundraising and planned activities.
"I believe that, without the protection of the presidential communications privilege over the communications described above, presidential advisors and their staff members would be chilled from gathering relevant information, exploring alternatives, and providing fully informed recommendations regarding the performance of the President's duties," Hoyt wrote in his declaration.
In a separate court filing, Justice Department lawyers accused Beatty of conducting a "fishing expedition" and argued that her requests raised concerns about the separation of powers.
Beatty’s lawyers, however, say the government is using privilege too broadly to prevent her from obtaining records about Trump’s involvement in decisions affecting the Kennedy Center.
How is the Kennedy Center lawsuit linked to Trump?
Beatty filed her lawsuit in December, challenging the board’s decision to add Trump’s name to the Kennedy Center and plans to close the building for two years for renovations. She is also an ex officio member of the board of trustees.
Trump became the board’s chairman last year, making him the first sitting president to hold the position. The center, established by Congress in 1958, receives federal funding as well as money from ticket sales and private donations.
The dispute also covers the center’s financial condition, plans to change its name and discussions about whether the building could be demolished. Trump previously said the venue could be "ripped down" if he and his administration did not receive recognition for their work on repairs and fundraising.
Judge blocks Trump’s Kennedy Center closure
In May, US District Judge Christopher Cooper blocked the planned closure and ordered Trump’s name removed from the building’s facade. Workers removed the name in June.
The judge also allowed Beatty to seek records and question officials about the closure plans and possible demolition. Her legal team says the Justice Department has since blocked questions about instructions Trump gave Kennedy Center staff and withheld related documents.
During a deposition last week, a Justice Department lawyer repeatedly told Matthew Floca, the center’s executive director and chief operating officer, not to answer certain questions, citing executive privilege.
The judge will now have to address the dispute over which records can remain protected and which must be provided to Beatty’s legal team.
