From 1789 until Trump's inauguration in 2017, federal courts had only considered five cases in which the president claimed executive privilege in response to a congressional subpoena.
Federal courts have largely stayed out of these disputes.a dispute between Congress and the FBI – part of the executive branch. Congress wanted FBI letters related to wiretaps of American citizens. The court directed the two political branches to resolve it themselves.the concern that courts have when approaching these questions:
In 2013, the Obama administration asserted that the courts did not have jurisdiction in its dispute with Congress over documents that lawmakers had subpoenaed. Thethe importance of judicial review. Without it, said the court, one branch of the government could end up with more power than it should. Courts have extended United States v. Nixon's rejection of presidential claims of absolute immunity to congressional oversight cases. Concluding that former White House counsel, Harriet Miers, had to testify before Congress about the forced resignation of nine U.S. attorneys in 2006,
Rather, the court wrote,"an executive branch official may assert privilege on a question-by-question basis as appropriate."
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