what is the second IRAC issue in this hypothetical? Please no AI

What is the first issue (in the 1st IRAC) of this hypothetical? Please no AI

Prompt

Amidst an escalating global cyber war, the United States finds itself at the forefront of defending its digital infrastructure against sophisticated attacks attributed to a hostile foreign nation, "Trojlandia." These attacks threaten national security, financial stability, and the confidentiality of sensitive government operations.

In response, President Joe Bruin ordered a series of covert cyber operations to neutralize the threat. These operations are highly classified and involve the collaboration of the National Security Agency (NSA), the Cybersecurity and Infrastructure Security Agency (CISA), and select private sector entities.

As the cyber war intensifies, a whistleblower leaks documents to the media, alleging that one of the cyber operations may have inadvertently compromised the privacy and security of millions of American citizens, violating federal laws and international treaties.

Separately, an investigative journalist uncovers evidence suggesting President Bruin may have engaged in illicit activities with Trojlandia. Specifically, the evidence points to a secret agreement between President Bruin and the leaders of the hostile nation. In exchange for the hostile nation scaling back its cyber-attacks, President Bruin allegedly directed the NSA to provide the hostile nation with sophisticated cyber tools and intelligence that could bolster its surveillance capabilities against its own citizens and neighboring countries. This action, if true, could constitute a breach of federal laws and international agreements, effectively implicating President Bruin in a serious crime involving a foreign adversary.

A Congressional oversight committee launched an investigation into the operations. It subpoenaed President Bruin and critical members of his administration for testimony and documents related to the cyber operations and so-called secret agreement.

President Bruin refuses to comply with the subpoenas, citing executive privilege. He argues that disclosing the requested information would jeopardize national security, reveal sensitive cyber warfare methods, and undermine the executive branch's ability to respond to ongoing and future cyber threats. The President further contends that the principle of separation of powers protects the executive branch from such congressional inquiries, especially during a crisis.

President Bruin's term is nearing its end, and a new President-elect is waiting to take office. The President's legal team asserts presidential immunity, arguing that the President cannot be subject to civil suits or criminal proceedings for actions taken within the official duties of the presidency, especially during a time of national crisis.

• Does executive privilege apply to President Bruin's refusal to disclose information requested by the Congressional oversight committee? Consider both the compromised privacy and potential criminal activities.
• Does presidential immunity apply? Will the transition of power affect immunity?