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Legal Opinion

Assertion of Executive Privilege Over Deliberative Materials Regarding Inclusion of Citizenship Question on 2020 Census Questionnaire

Department of Justice Office of Legal Counsel

Decided June 11, 2019Published

1Opinion of the Court

(Slip Opinion) Assertion of Executive Privilege Over Deliberative Materials Regarding Inclusion of Citizenship Question on 2020 Census Questionnaire The President may assert executive privilege over “priority documents” relating to the Secretary of Commerce’s decision to include a citizenship question on the 2020 de- cennial census questionnaire that the House Committee on Oversight and Reform has demanded as responsive to its subpoenas. The “priority documents” all involve pre- decisional deliberative material, attorney-client communications, or attorney work product. The President may make…

2Cases cited7 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  4. Hutchinson v. ProxmireSupreme Court of the United States · 1979
  5. McGrain v. DaughertySupreme Court of the United States · 1927

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