Shaub distinguishes presidential duties from Kennedy Center trusteeship
Jonathan ShaubUniversity of Kentucky law professor
Shaub says presidential communications privilege does not apply when Trump acts outside his presidential capacity and argues that chairing the Kennedy Center is a distinct role.
“If the president is not acting in his capacity as president, it doesn’t apply”
Interview
Where this statement fits
Trump directs Kennedy Center privilege claim; Beatty seeks disclosure
At Trump's direction, Deputy White House Counsel Joshua Hoyt invoked presidential communications privilege over Kennedy Center discovery sought by Joyce Beatty. DOJ ties the claim to presidential duties. Beatty's motion argues it improperly shields his separate work as a trustee.
Source and context
Interview
About this source
Legal opinions, not judicial rulings.
Archived copy (opens in a new tab)Before the quotation
The article describes privilege objections during discovery.
After the quotation
Shaub says courts are generally reluctant to find executive privilege forfeited, but could question using conversations as evidence while blocking opposing scrutiny.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Shaub disputes treating Kennedy Center management communications as privileged presidential advice.
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More from this case
Read the full caseBeatty criticizes the delay and scope of the privilege log
“It should not have taken Defendants this long to produce a privilege log, and their delay unfortunately suggests gamesmanship.”Read statement
DOJ defends privilege over Kennedy Center discovery
United States Department of Justice
“Action: Filed opposition to Beatty's motion to compel, defending presidential communications privilege over the requested Kennedy Center evidence.”Read statement
Rozell rejects the privilege claim as described to him
“This doesn’t even meet the laugh test”Read statement
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The Dispute Index. "Shaub distinguishes presidential duties from Kennedy Center trusteeship". First published: 2026-11-03. Last updated: 2026-11-03. https://disputeindex.com/events/7979-shaub-says-presidential-communications-privilege-does-not-apply