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Source Executive Power Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

A federal criminal defendant subpoenas recordings of presidential conversations that are directly relevant to the charged conspiracy. The President asserts only a generalized need for confidentiality.
How should the executive privilege claim be analyzed?

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The privilege always defeats a criminal-trial subpoena. A generalized executive privilege may yield to a demonstrated, specific need for evidence in a criminal proceeding. The privilege defeats the subpoena unless the defendant first proves the recordings will be outcome determinative. The privilege is unavailable whenever the conversations include political advice rather than military secrets.

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