Fox's first appearance — Former President Trump's legal team is instructing former Justice Department official Jeffrey Clark to maintain executive privilege amid a fight over his law license revocation.
Clark, who served as assistant attorney general for the Department of Environment and Natural Resources in the Trump administration, is seeking disbarment from the D.C. Office of Disciplinary Counsel over a draft letter that describes what he considers “grave concerns.” is fighting against the efforts of in Georgia during the 2020 election.
According to a letter obtained by Fox News Digital from white-collar attorney Todd Blanche, who is representing the 45th president in two criminal cases, Trump's legal team told Clark, “President Trump's executive privilege… and other related privileges, including law enforcement.” privilege, attorney-client privilege, and deliberative process privilege. ”
Branch said the District of Columbia attorney's disciplinary proceedings against Clark are scheduled to begin on March 26, when former White House Counsel Patrick Philbin is expected to testify.
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Jeffrey Clark (AP Photo/Susan Walsh/Pool/File)
Clark is also the named defendant in the ongoing extortion case against Trump in Georgia.
The issue of executive privilege between the president and his administration's appointees is at the center of the lawsuit against Trump and the allegations that he tried to interfere in the 2020 election.
In 2021, the Justice Department charged Clark with President Biden's decision to waive executive privilege against him and other former Justice Department officials in connection with Trump's alleged efforts to overturn the presidential election. He informed that he had been granted permission to testify regarding the details of the investigation.
But Trump's lawyer at the time, Doug Collins, told Clark that the waiver was “illegal.”
“The executive privilege that applies to communications with President Trump belongs to the Office of the President, not to the President personally, and President Biden does not have the authority to unilaterally waive it.The reason is clear: If the President “If one were authorized to unilaterally waive executive privilege,'' Collins wrote in August 2021, “executive privilege, as applied to communications with one's predecessor, especially one's counterpart, effectively does not exist.'' wrote in a letter.
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Former President Trump leaves the courtroom during his lunch break during his civil fraud trial in New York State Supreme Court on November 6, 2023. (Michael M. Santiago/Getty Images)
In his Jan. 4 letter, Blanche noted that at the time, President Trump did not seek judicial intervention to block Clark's testimony or that of other former department officials.
However, Clark said, “I have never been subpoenaed to testify before the House Oversight Committee or the Senate Judiciary Committee, nor have I received a transcript of any interviews before those committees, nor have I received any similar reservations that apply to you.” “Given the lack of a subpoena, this claim is now invalid,” Blanche wrote. .
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“Furthermore, the Collins letter did not waive any executive privilege related to this matter and maintained President Trump's executive privilege.” [concerning the 2020 election] The commission insists it will investigate,” Blanche continued.
“Given these circumstances and the pending D.C. Attorney disciplinary proceeding against you, we hereby state that President Trump is entitled to executive privilege, law enforcement privilege, attorney-client privilege, and the deliberative process. “We direct that other relevant privileges, including those of
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Trump, who is leading in polls in the 2024 Republican presidential primary, traveled to Washington, D.C., on Tuesday to urge federal prosecutors to drop criminal charges brought against the former president by special counsel Jack Smith for alleged election interference. We plan to apply to the appellate court. 2020 Election.
The former president has claimed “absolute immunity” from prosecution in the weeks following the election and since taking office on January 6, 2021, during the Capitol riot.
FOX News' Bill Mears and Tyler Olsen contributed to this report.
