In offering his view on the topic of a former president asserting a valid claim of executive privilege, “Why Biden should win the privilege fight” [op-ed, Oct. 11], Laurent Sacharoff misrepresented the issue. This is not a matter of “opinion” at all; a president’s ability to invoke executive privilege does not end with their presidency, because the Supreme Court has conclusively said so, as the piece somewhat begrudgingly admitted.
Even stranger, Mr. Sacharoff appeared to be merely writing reflexively against former president Donald Trump and to be completely unfamiliar with the statutory framework and process under which these events are unfolding. The Presidential Records Act under which Mr. Trump and President Biden are staking their assertions is explicitly clear on this point and even provides a road map for resolution: A former president can assert the privilege, and if the sitting president disagrees, then the matter goes to court.
It is one thing to say that in your personal view, Mr. Biden’s claim is better. But it is wrong to pretend that when it comes to Mr. Trump, long-standing principles of law are just opinions to be ignored upon any disagreement.
Courtney Kramer, Atlanta
The writer is a lawyer who served on President Donald Trump’s legal team in Georgia throughout the 2020 election.
