It looks like ex-president has the right to claim executive privilege for conversations they had

[hlthe2b]

31. No. It is not counter at all. Even for an in-office President, EP is QUALIFIED, not ABSOLUTE

that is the very basis of the case in US v Nixon. And, the illegalities being explored "trumped" (pardon pun) the justification for any consideration under EP.

While the issue of ANY EP AFTER office has not been fully litigated, that is NOT to say there is not SCOTUS case law-- i.e., the case of Nixon v. General Services Administration, Nixon tried to sue the GSA to prevent release of records AFTER leaving office.

Here, as explained by Harvard constitutional professor and former White House Counsel, Neil Eggleston:

"Congress had passed a law to allow the GSA to seize and preserve all President Nixon’s presidential records. President Nixon sued, claiming the act was unconstitutional. The Supreme Court upheld the law and basically decided that the current president is the right person to make judgments about the assertion of executive privilege. That’s because under our system, the authority attaches to the office, not the human. President Biden has this power because he’s president, not because he’s Joe Biden. And when President Trump was in office, he had the power because he was President Trump, not because he was Donald Trump. So, I think the law is pretty well settled. But again, we have many years later a very new Supreme Court."

I never said he could not assert a case--that is the part that is not fully litigated. Asserting EP and the court upholding that assertion are two different things. But, again with the prior case law that clearly designated the OFFICE and not the individual as the holder of EP AND that EP is not ABSOLUTE in ANY CASE, Trump should lose handily (and would in a prior comprised court). Obviously, we have five ideologues who may choose to ignore precedence. So, there are no certainties on this or any other issue before SCOTUS. Still for them to ignore such prior determinations would add to the erosion of SCOTUS--something one would presume still matters for SOME of them.