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Trump reverses stance on privilege with Biden officials being called to testify

When Joe Biden was president, he waived executive privilege for Trump staffers.

At the time, Trump said it would present “grave damage” to the presidency.

Well, now that the shoe is on the other foot, Trump is returning the favor.

Waive It

Congressional investigators were digging deep into the events that took place on January 6, but they needed Biden to waive privilege for them to really dig into Trump’s alleged involvement.

White House counsel then announced, “After my consultations with the Office of Legal Counsel at the Department of Justice, President Biden has determined than an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the Documents.”

Trump vowed to protect his people, stating, “Should the committee persist in seeking other privileged information, I will take all necessary and appropriate steps to defend the Office of the Presidency.”

Generally speaking, Trump failed on those efforts, as he generally drew a judge appointed by Democrats, so the outcomes in these cases were very predictable.

Grave Danger

Executive privilege is a courtesy given to ensure communications during a presidency are protected, but that went out the window after Trump left office the first time.

Joe Biden waived privilege, so Trump staffers were left to face hearings on their own, with no protections, and many of them found themselves entrenched in criminal trials.

Trump was furious at the time, saying that this move by Biden would create “grave danger” to future presidencies.

Trump is putting that theory to the test by doing the same thing to Biden officials being called before the House.

Returning the Favor

It was not exactly a surprise to see Donald Trump do the same thing to Biden staffers that was done to his staffers from the first administration.

The administration recently announced it was waiving privilege for Dr. Kevin O’Connor, Biden’s White House physician, stating, "In light of the unique and extraordinary nature of the matters under investigation, President Trump has determined that an assertion of executive privilege is not in the national interest, and therefore is not justified, with respect to particular subjects within the purview of the House Oversight Committee.

"These subjects include your assessment of former President Biden’s fitness for the office of the president and your financial relationship with the Biden family."

O’Connor invoked his Fifth Amendment rights when he was finally put on the stand, but that is far from the last we are going to hear about this. Biden declared war on Trump after he took office, so you better believe that Trump is looking for his pound of flesh now.

By
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July 13, 2025
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