Jonathan Shaub is a law professor at the University of Kentucky. His research concerns executive privilege, presidential power, government accountability and congressional oversight. He has served in the White House Counsel's Office and the Office of Legal Counsel. He earned his law degree at Northwestern University and previously worked as an assistant solicitor general for Tennessee.
We have documented 2 statements by Jonathan Shaub, in 2 cases. Each statement below gives the quotation, its original source and a link to the full case.
Case updates
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Role at the time: University of Kentucky law professor
Challenged the characterization
Statement summary
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”
Beatty seeks Kennedy Center discovery; Trump and DOJ assert presidential communications privilege. The parties dispute its reach and whether her need for the evidence defeats it.
DOJ argues that the Presidential Records Act exceeds Congress's powers and intrudes on presidential independence. Historians and watchdog groups defend public ownership and preservation requirements. A preliminary injunction against White House officials is under appeal.
