The Pence case is an example of a conundrum that has been posed by classified records stretching back to the Carter Administration. In the Pence case, the National Archives and Records Administration (NARA) was asked to release records related to then-Vice President Mike Pence’s call with the Ukrainian President in 2019. However, NARA declined to release the records, citing executive privilege. The dispute then went to court, where a judge ruled that executive privilege did not apply and that the records must be released.
This conundrum has been posed in various forms since the Carter Administration. In most cases, the government has argued that certain documents should not be released due to executive privilege. However, the courts have often ruled that executive privilege does not apply and that the documents should be released. This case is an example of how the debate over executive privilege and classification continues to this day.