Judge balks at White House’s executive privilege claim over Ukraine emails

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Judge balks at White House’s executive privilege claim over Ukraine emails
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It remains unclear whether the disputed messages about President Donald Trump’s decision to hold U.S. aid to Ukraine will emerge before the November election

A federal judge has rebuffed the Trump administration’s attempt to invoke executive privilege to withhold a batch of emails about a hold President Donald Trump put on U.S. aid to Ukraine in 2019.

During a teleconference Monday in which she announced her decision, Jackson did not rule out the possibility that she might at some point uphold the government’s bid for secrecy for the emails, but she said a pair of declarations OMB Deputy General Counsel Heather Walsh filed to back up the executive privilege claims were too vague.

Walsh said in her submission that the emails reflected an ongoing exchange about the “scope, duration and purpose” of the hold on aid to Ukraine, but the judge seemed to concur with the Times’ arguments that the messages reflected aides attempting to implement decisions that had already been made. It remains unclear whether the disputed messages will emerge before the November election. Jackson gave Justice Department lawyers until Thursday to suggest how much time they’ll need to prepare a more detailed justification for the privilege claims or decide to simply release the emails. One government attorney said she was likely to propose a date in late September for a further submission to the court.

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