General Discussion
In reply to the discussion: It looks like ex-president has the right to claim executive privilege for conversations they had [View all]onenote
(42,602 posts)From Nixon v. Administrator of General Services, 433 US 425 (1977)
"it is argued, such claims may be asserted only by incumbents who are presently responsible to the American people for their action. We reject the argument that only an incumbent President may assert such claims, and hold that appellant, as a former President, may also be heard to assert them."
Note that the decision says that the former president "also" may assert EP. Ultimately, where the incumbent and the former president disagree, the courts will have to resolve the matter; it is expected that the sitting president's view will be given greater weight, but its not a foregone conclusion. For example, imagine if Trump had decided to release conversations between Obama and his advisers over Obama's objections, for no other reason than to embarrass Obama or those advisors in some way. Should a court allow it? it should take compelling circumstances - such as those that I believe exist in the current situation -- to overcome an assertion of EP by a former president since the goal of EP is to allow Presidents the benefit of unfiltered advice.