The Justice Department told a court that President Trump has asserted executive privilege over conversations about plans for the Kennedy Center, extending the claim to talks with advisers who are not government employees.
Deputy White House Counsel Josh Hoyt filed a sworn declaration saying the privilege covers discussions with "his advisors (government and non-government)," and names Commerce Secretary Howard Lutnick and Kennedy Center Executive Director Matt Floca as examples of advisers whose communications could be protected.
Administration lawyers argue that beyond Trump’s role as the center’s board chairman, he has an official capacity "in his capacity as President" that gives him a role in the Center’s operations. The Justice Department says the statute that lets the president select board members requires him to assess whether trustees are managing the Center properly.
The privilege claim surfaced amid discovery in a lawsuit brought by Representative Joyce Beatty, who seeks documents and testimony about the planned closure and renovation of the performing arts complex and whether there are plans to alter the building’s name or structure. In a deposition, an attorney sitting beside Floca repeatedly invoked executive privilege and declined to answer questions about Floca’s conversations with Trump.
Beatty’s lawyers have asked the court to reject what they call blanket assertions of privilege. They contend the claims are procedurally and substantively improper and have challenged the extent to which the White House may shield communications in this corporate and governance dispute.
Court Order, Board Actions and Litigation Implications
A federal judge issued an order that blocked a planned multi‑year closure of the Center for renovations, finding the board had not properly weighed the impact on the institution’s finances and programming when it voted to close the building. The board later voted to proceed with a closure after an earlier ruling prevented the president’s name from appearing on the building exterior.
The Justice Department has asked the judge to dissolve the stay so renovations can proceed. The court has not yet resolved that motion. If the privilege claim stands, it could limit testimony about internal discussions and slow discovery in the case.
Lawyers for the administration have signaled that the privilege extends to any staff or Center personnel who advised the president or his aides about the Center’s duties and functioning. Beatty’s team warns this position could broadly restrict access to information bearing on governance, finances and programming decisions at the institution.
