EXECUTIVE PRIVILEGE SHOWDOWN: Trump Refuses to Release White House Communications in Kennedy Center Legal Battle
President Donald Trump has formally asserted executive privilege in a federal court dispute over his leadership of the Kennedy Center, seeking to prevent the disclosure of internal communications concerning his management of the Washington performing arts institution, including controversial plans to rename the facility and shut it down for extensive renovations.
The administration’s latest legal maneuver comes as Rep. Joyce Beatty, an Ohio Democrat who serves on the Kennedy Center’s board by virtue of her congressional position, challenges the president’s authority to make major decisions affecting the institution. At the heart of the case is whether Trump can claim the confidentiality protections afforded to presidential communications while acting as chairman of the Kennedy Center’s nonprofit governing board.
In documents submitted to the court Wednesday night, Joshua Hoyt, a deputy assistant and deputy counsel to the president, stated that he was acting at “the direction of the President” in invoking executive privilege over records and correspondence requested by Beatty. The filing was reported Thursday by NBC News.
Trump assumed control of the Kennedy Center’s board last year after appointing new members, who subsequently selected him to serve as chairman. His leadership has generated legal challenges over proposed changes to the institution, including efforts to place his name on the building and a sweeping renovation project that would keep the center closed for two years.
The president publicly announced the planned shutdown in February through a social media post. He subsequently indicated that the renovation initiative would not move forward without receiving “recognition” for his involvement.
Beatty’s lawsuit maintains that Trump’s public declaration effectively predetermined the center’s closure, leaving the board to formally approve a decision that had already been made. Her attorneys have sought internal communications to determine how the decision was reached and whether the board exercised independent authority.
The White House has resisted those demands, arguing that discussions involving the president and individuals advising him on Kennedy Center matters fall within the scope of executive privilege.
In his declaration, Hoyt described the protected material as “information, documents, and communications shared between the President, his advisors (government and non-government), and Kennedy Center staff, pertaining to the management and operation” of the institution. He also asserted confidentiality protections for communications “to or from his advisors and/or Kennedy Center staff.”
Justice Department attorneys reinforced the administration’s position in a separate submission Wednesday, accusing Beatty of pursuing an unjustified “fishing expedition” through presidential records.
The department argued that her “pursuit of irrelevant evidence does not justify her extraordinary request” for further documentation.
Beatty’s legal representatives, Norm Eisen of Democracy Defenders Action and Nathaniel Zelinsky of Washington Litigation Group, responded by accusing the president of attempting to use his constitutional office to conceal decisions made in his separate role overseeing a nonprofit organization.
“Donald Trump appointed himself as chair of the non-profit board of the Kennedy Center, and is now trying to shield his management by improperly invoking executive privilege,” they said in a statement.
“The Supreme Court has stressed that the government should not invoke executive privilege lightly, but that is precisely what the Department of Justice is doing here. This kind of cover-up is a direct assault on the rule of law,” they said.
The administration had already signaled earlier in October that Trump intended to rely on executive privilege. Wednesday’s submission, however, marked the formal assertion of that protection in the ongoing litigation.
In an October 6 court filing, Beatty’s lawyers argued that the president’s participation in the Kennedy Center’s governance must be distinguished from his constitutional responsibilities as chief executive. They maintained that the institution, although established by Congress, operates independently of the executive branch “and does not exercise executive power.”
“Trustee and board chair are not roles that must be performed by the President of the United States and, indeed, never have been in the Center’s history before now,” the attorneys wrote.
Federal government lawyers rejected that distinction, maintaining that Trump’s oversight of the Kennedy Center “is undoubtedly in his official capacity,” particularly because federal law gives the president authority to appoint members of the institution’s governing board.
The disagreement raises a potentially significant legal question about the boundaries of presidential confidentiality protections when a sitting president simultaneously exercises authority over an organization outside the traditional federal executive structure.
U.S. District Judge Christopher Cooper, who is presiding over the lawsuit, has yet to determine whether the disputed communications are protected from disclosure.
Earlier this month, Cooper authorized Beatty’s legal team to pursue information relating to a photograph of Trump aboard Air Force One reviewing a poster displaying the words “Kennedy Center DEMOLISH.” The image has become another point of contention as the parties dispute the administration’s plans for the facility.
The Kennedy Center itself has already suspended operations. Officials closed the venue on September 15, citing the need for emergency safety evaluations, and it has remained shuttered since then.
The dispute also follows earlier court intervention in Trump’s plans for the institution. In May, Judge Cooper blocked a previous closure decision and ordered the removal of Trump’s name from the building’s facade. The ruling did not prohibit necessary repairs or prevent the board from considering a new shutdown through an independent decision-making process.
The renovation project has been described as a roughly $257 million undertaking, with administration officials maintaining that major improvements are necessary to address the building’s condition. Trump and his allies have argued that closing the center would allow the work to proceed more efficiently and help restore the venue to a higher standard.
The legal controversy intensified in September when the Kennedy Center’s board voted to close the institution immediately, prompting further objections from Beatty and renewed scrutiny of whether the shutdown complied with the court’s earlier restrictions.
Another issue concerns the administration’s refusal to permit certain questions during depositions. Justice Department attorneys previously instructed Kennedy Center officials not to disclose communications involving Trump, citing presidential confidentiality protections even before the privilege was formally asserted.
Judge Cooper must now decide whether the administration’s claim is legally justified and whether Beatty can obtain the information she says is necessary to challenge the president’s decisions.
Meanwhile, the Kennedy Center remains closed, with its future operations and renovation plans still entangled in the federal court battle.
