President Trump has formally invoked the presidential communications privilege to withhold records and communications tied to his role in the John F. Kennedy Center for the Performing Arts, the White House said in a court filing.
Deputy White House Counsel Joshua Hoyt filed a declaration saying the privilege covers information shared between the President, his advisers both government and non-government, and Kennedy Center staff about the President's duties and the effective functioning of the institution. Hoyt said the protection is needed so advisors will not be deterred from providing candid recommendations.
The Justice Department urged the court to limit discovery sought by Rep. Joyce Beatty, who is suing as an ex officio Kennedy Center trustee. DOJ lawyers described Beatty's requests as a "fishing expedition" that raises separation of powers concerns. The government said Beatty seeks information about the President acting in his official capacity.
The assertion comes amid Beatty's challenge to votes by the center's board to add the President's name to the building and to close the venue for renovations. A federal judge previously ordered the removal of the President's name from the facade and temporarily blocked the planned closure. Construction crews stripped the exterior name and the front portico is now concealed, court records show.
Dispute Over Scope Reaches Depositions And Public Statements
Beatty's lawyers have pushed back, saying executive privilege cannot shield the President's conduct as chair of a congressionally created nonprofit board and that the center is not part of the executive branch. They said the assertion is procedurally and substantively improper and would obstruct accountability.
Attorneys for Beatty, including Norm Eisen and Nathaniel Zelinsky, said the DOJ is invoking privilege lightly and accused defendants of trying to hide behind a protection meant for presidential communications. DOJ lawyers countered by stressing the President's appointment power and saying he is acting in an official capacity.
The White House filing said the privilege would cover conversations with non-government advisers, citing examples including Howard Lutnick and Kennedy Center Executive Director Matt Floca. During a deposition of Floca, a DOJ lawyer repeatedly instructed him not to answer certain questions based on a protective assertion of executive privilege.
The federal judge overseeing the case, Christopher Cooper, has allowed some discovery into the circumstances surrounding a photograph of the President viewing a poster reading "Kennedy Center DEMOLISH," but has not yet ruled on the broader privilege claim. The dispute now centers on how far presidential protections extend when the President acts as a trustee and board chair.
