Trump invokes executive privilege to shield records in legal battle over Kennedy Center closure

WH counsel told a judge Trump invoked executive privilege to shield communications with advisers and Kennedy Center employees over official duties
President Donald Trump has formally invoked executive privilege to withhold records from Democratic Rep Joyce Beatty of Ohio, who is challenging his administration’s plan to temporarily close the Kennedy Center for renovations (AP Photo/Jacquelyn Martin)
President Donald Trump has formally invoked executive privilege to withhold records from Democratic Rep Joyce Beatty of Ohio, who is challenging his administration’s plan to temporarily close the Kennedy Center for renovations (AP Photo/Jacquelyn Martin)

WASHINGTON, DC: On Wednesday, Oct 13, President Donald Trump formally exercised executive privilege to prevent a Democratic congresswoman from obtaining records concerning his plans for the Kennedy Center, thereby intensifying the legal dispute over the performing arts institution's proposed two-year closure for renovations, its possible renaming, and the question of whether the building could be demolished.

Joshua Hoyt, a deputy counsel at the White House, told a federal judge about Trump's formal claim of the presidential communications privilege, stating that it includes any information, documents, and communications between Trump, his advisers, and the Kennedy Center employees relating to the president's duties and what Hoyt referred to as the "effective functioning" of the institution.

White House says communications are protected

Hoyt argued that because the president appoints members of the Kennedy Center's board and a related Advisory Committee on the Arts, he must "familiarize himself" with the institution's management, operations, fundraising efforts and planned activities.

People protest outside the Kennedy Center over the threats by President Donald Trump to demolish the performing arts center, in Washington, Friday, Sept. 18, 2026. (AP Photo/J. Scott Applewhite)
People protest outside the Kennedy Center over the threats by President Donald Trump to demolish the performing arts center, in Washington, Friday, Sept 18, 2026 (AP Photo/J Scott Applewhite)

"I believe that, without the protection of the presidential communications privilege over the communications described above, presidential advisors and their staff members would be chilled from gathering relevant information, exploring alternatives, and providing fully informed recommendations regarding the performance of the President's duties," the White House lawyer wrote in a declaration.

In a separate filing, Justice Department lawyers accused Democratic Rep Joyce Beatty of Ohio as part of her ongoing legal challenge to the president's effort to temporarily shutter the Kennedy Center for renovations of conducting a "fishing expedition" that raises separation-of-powers concerns.

Rep. Joyce Beatty, D-Ohio, and board member of the Kennedy Center, attends an event with fellow Democrats to denounce the economic policies of President Donald Trump, at the Capitol in Washington, Wednesday, Sept. 16, 2026. (AP Photo/J. Scott Applewhite)
Rep Joyce Beatty, D-Ohio, and board member of the Kennedy Center, attends an event with fellow Democrats to denounce the economic policies of President Donald Trump, at the Capitol in Washington, Wednesday, Sept 16, 2026 (AP Photo/J. Scott Applewhite)

"Even though the President's statutory duties and the Chairman's trust duties overlap, what matters for the purpose of executive privilege is that Plaintiff seeks information, documents, and communications concerning the President's actions in his official capacity," they argued.

WASHINGTON, DC - DECEMBER 06: U.S. President Donald Trump speaks at the State Department Kennedy Center Honors medal presentation dinner at the U.S. Department of State on December 06, 2025 in Washington, DC. The 2025 Kennedy Center Honorees are Sylvester Stallone, George Strait, the rock band KISS, Gloria Gaynor, and Michael Crawford. (Photo by Aaron Schwartz/Getty Images)
US President Donald Trump speaks at the State Department Kennedy Center Honors medal presentation dinner at the US Department of State on December 06, 2025 in Washington, DC (Photo by Aaron Schwartz/Getty Images)

Records cover closure, renaming and potential demolition

Trump invoked executive privilege on a sweeping set of documents connected to a host of controversies surrounding the Kennedy Center, including his push to close the institution for two years, its financial condition, his effort to place his name on the building’s marquee and his assertion that the building could be torn down.

Trump said last month that if his administration was not credited for fundraising and spearheading repairs, the Kennedy Center would close and “end up being ripped down.”

Executive privilege is not absolute and can be overcome by an adequate showing of need for the information at issue.

Fencing is installed at the John F. Kennedy Center for the Performing Arts, Wednesday, Sept. 16, 2026, in Washington. (AP Photo/Rahmat Gul)
Fencing is installed at the John F Kennedy Center for the Performing Arts, Wednesday, Sept 16, 2026, in Washington (AP Photo/Rahmat Gul)

The Trump administration’s use of executive privilege here poses legal questions that haven’t been tested.

Last year, the board of trustees at the Kennedy Center elected Trump its chairman, the first sitting president to hold the post.

The board includes Trump administration officials and allies of the president. It has not been litigated before whether executive privilege applies to Trump’s actions and communications as chairman of an entity created by Congress and funded by a mix of federal dollars, ticket revenue, and private donations.

Beatty, an ex officio member of the Kennedy Center’s Board of Trustees, filed the underlying lawsuit in December, challenging the board’s decision to rename the institution the Donald J Trump and The John F Kennedy Memorial Center for the Performing Arts and shutter it for two years.

WASHINGTON, DC - JUNE 13: Tarps are hung on scaffolding outside The Kennedy Center on June 13, 2026 in Washington, DC. Friday late night workers removed the President Donald Trump's name from the Kennedy Center. (Photo by Tasos Katopodis/Getty Images)(Photo by Tasos Katopodis/Getty Images)
Tarps are hung on scaffolding outside The Kennedy Center on June 13, 2026 in Washington, DC (Photo by Tasos Katopodis/Getty Images)

US District Judge Christopher Cooper halted the closure and ordered Trump’s name removed from the building’s facade in May. Construction crews took down the name in June, but the front of the building has since been covered by a tarp.

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