I don't believe executive privelege extends beyond the term of service. There is no former executive privelege. I also believe that, while in office, every government official, especially the president, needs to be aware that at some point, everything they do, or fail to do, will be subject to examination, and, if appropriate, criminal p…
I don't believe executive privelege extends beyond the term of service. There is no former executive privelege. I also believe that, while in office, every government official, especially the president, needs to be aware that at some point, everything they do, or fail to do, will be subject to examination, and, if appropriate, criminal prosecution.
Failure by a sitting president to "preserve, protect, and defend the constitution of the United States" while in fact actively seeking to undermine both the spirit and the letter of that document is treason of the highest order.
Ty Ralph! I groaned when the ugly term executive privilege reared it's ugly head, yet again! I was like, wait, he's immune from complying with our laws (subpoenas, and testifying under oath) while he's in office, and still immune after he gets kicked out?? No, WTF....
The privilege exists in order to keep bad actors from trying to impede a president in the execution of his duties, or imprison them without the investigation required by impeachment. This kind of thing often happens in destabilized postcolonial and post-Soviet countries, and is as scary a prospect, if not scarier, than the Former Guy's abuse of it. The power of which ended for him the morning of January 20th.
Executive privilege (EP) is a sticky wicket. Washington was the first to use it but it wasn't until Eisenhower the term "executive privilege" was used. Executive privilege is not a slam dunk as Nixon found out when he had to release his tapes. Bush II used EP like he was on steroids. He tried by executive order to extend it to former presidents and to extend it to "designated family representative".
Whether or not Trump can claim EP revolves around "intent" from what I've uncovered in my cursory search.
"There are generally four areas that an executive branch claim of privilege is based: 1) presidential communications privilege; 2) deliberative process privilege; 3) national security, foreign relations or military affairs, and 4) an ongoing law enforcement investigation."
"The fact that the privilege itself survives the tenure of a president does not, however, answer the more difficult question of who may assert that privilege. "
Same here. It's impossible to not decided guilt before the trial in TFG's case even though he's afforded the right to innocence. It's just so far beyond the pale all my objectivity is lost.
Which is why he'll never be tried in any US court. This problem is why the International Court was created in the Hague. Which we did not join because we didn't want someone like Trump tried by "them furriners."
No - shooting someone is a flat-out crime. If he can describe what he did about the election as "discussing election/legal policy possibilities," then it might be covered. However, "executive privilege" doesn't cover conspiracy to overthrow the government, so if those conversations can be shown to have happened in furtherance of such an event, then not covered. That's why I used the term "might be."
So I feel the DOJ has cleared the road in a timely and correctly interpretive manner to give the Select Committee the breadth they will need to investigate.
My other conclusion is purely speculative:
The former believes the Big Bullsh*t Lie more than anyone because he cannot believe HE LOST. Therefore, he still uses “Executive privilege” escape because he thinks he can.
Why am I completely unsurprised Bush II is desperate to extend executive privilege as far as possible? His administration was such a disaster for this country you have to wonder what the hell they were thinking. I'm sure there are many powerful interests very eager to keep the machinery out of reach of a curious public.
Bush II and Cheney are, at the core, responsible for the current state of Afghanistan and Iraq. In a just world, they would have already been tried as war criminals.
One obvious connection I see between him and ex-#45 is they were both spoiled rich little brats used to always getting their way and not afraid to inflict pain on others.
If that is possible, I want to be in on it. The sickening, unrelenting stress & angst he's put me (and us) through has taken a toll, mentally and physically, not to mention the 649 thousand (and growing) deaths from Covid-19.
Laws and rules do not concern him. Some day, I pray, they will catch up with him. His bluster and "positive thinking" (thanks a lot, NVP) can not protect him from justice forever.
May you be correct, Kim. All one can say for sure at this point is that his history suggests that the 'slime baggery' works. Can it be stopped? I hope so.
Absolutely, Ralph Averill. Seems like a no-brainer. How is it this is even a question, a sitting president failing to "preserve, protect, and defend the constitution of the United States"?
From what I heard last night, he can litigate and slow down the Select Committee's investigation, but it will likely be revealed. Let's hope. That would be the best way to prove Big Orange's (BO) treason and the complicity of his henchmen-and-women.
That's his forte isn't it?. He's been doing it his whole adult life. No doubt he's going to claim Executive Privilege after he exhausts all other options.
No, executive privilege regarding things said/done during the term of office can be protected. In fact, if Trump mounts a legal case to block this congressional demand, he will likely be supported by the DoJ, on the grounds they don't want to see a precedent set that would make it easy for Chairman Jim Jordan of the House Investigating Committee in 202- to have easy access to President Biden's record.
Just remember, the power of subpeona is a two-edged sword.
Joe Biden's DoJ is going to let Trump off the hook to protect Joe Biden? Did Joe Biden lead an insurrection too? What has he got to hide that hasn't already been discovered? What does any honest politician need to hide his/her record?
I'm not a lawyer. I started my original post with "I believe...", but I don't think executive privelege can be used to hide criminal activity, (see Nixon, Richard,) the same as attorney/client privelege.
No former president should be able to skate on treason and sedition.
I really think you should reconsider your decision not to take that reading comprehension class. What you think was said is not what was said. They will defend him to see if the requested material is covered by executive privilege, because there is a need to be concerned with precedent - for Biden or anyone else. If the material is not protected, then there is no precedent to be concerned with. But that determination has to be made.
I mean, seriously, would you want Gym Jordan or any of the other fuckwits to have an unlimited subpeona power? Give it a thought.
I read your post twice more and came away with the same conclusion. Maybe you should reconsider that writing course, and learn to express yourself a little more clearly, Mr. Published Author.
Unlike many sites, this site is characterized by mutual respect. Maybe you should try some of that, too.
I don't believe executive privelege extends beyond the term of service. There is no former executive privelege. I also believe that, while in office, every government official, especially the president, needs to be aware that at some point, everything they do, or fail to do, will be subject to examination, and, if appropriate, criminal prosecution.
Failure by a sitting president to "preserve, protect, and defend the constitution of the United States" while in fact actively seeking to undermine both the spirit and the letter of that document is treason of the highest order.
Ty Ralph! I groaned when the ugly term executive privilege reared it's ugly head, yet again! I was like, wait, he's immune from complying with our laws (subpoenas, and testifying under oath) while he's in office, and still immune after he gets kicked out?? No, WTF....
No citizen should be able to remain safely above the law ! Especially this F-ing Moron, as Rex succinctly labeled him early on!
The privilege exists in order to keep bad actors from trying to impede a president in the execution of his duties, or imprison them without the investigation required by impeachment. This kind of thing often happens in destabilized postcolonial and post-Soviet countries, and is as scary a prospect, if not scarier, than the Former Guy's abuse of it. The power of which ended for him the morning of January 20th.
WTF alright!
Executive privilege (EP) is a sticky wicket. Washington was the first to use it but it wasn't until Eisenhower the term "executive privilege" was used. Executive privilege is not a slam dunk as Nixon found out when he had to release his tapes. Bush II used EP like he was on steroids. He tried by executive order to extend it to former presidents and to extend it to "designated family representative".
Whether or not Trump can claim EP revolves around "intent" from what I've uncovered in my cursory search.
"There are generally four areas that an executive branch claim of privilege is based: 1) presidential communications privilege; 2) deliberative process privilege; 3) national security, foreign relations or military affairs, and 4) an ongoing law enforcement investigation."
https://lawliberty.org/the-constitution-and-executive-privilege/
It is a possibility he can:
"The fact that the privilege itself survives the tenure of a president does not, however, answer the more difficult question of who may assert that privilege. "
https://www.lawfareblog.com/can-former-president-assert-executive-privilege-impeachment-trial
That's all I have, this is a deep dive issue and I'm only on my 2nd cup of coffee. Have at it!
Nope, I will leave it to the lawyers to define what the meaning of "is" is.......
But thanks for the legalize, my mind is made up already, I would not be allowed on his jury, he's a crooked mob boss imho.
Same here. It's impossible to not decided guilt before the trial in TFG's case even though he's afforded the right to innocence. It's just so far beyond the pale all my objectivity is lost.
One more reason for him to reside in Moscow - they don't have to afford the right of innocence.
Which is why he'll never be tried in any US court. This problem is why the International Court was created in the Hague. Which we did not join because we didn't want someone like Trump tried by "them furriners."
So he will never be charged? He really could shoot someone on 5th Ave. and get away with it? I have too many WTFs today. Sad face emogi.
No - shooting someone is a flat-out crime. If he can describe what he did about the election as "discussing election/legal policy possibilities," then it might be covered. However, "executive privilege" doesn't cover conspiracy to overthrow the government, so if those conversations can be shown to have happened in furtherance of such an event, then not covered. That's why I used the term "might be."
Like you, my mind is made up, and his lawyers would rule me out just on the basis of the snarl on my lips.
One of my nicknames for him is mafia don.
Mine is asshole, but then I'm not good with words. ;-)
That strikes me as perfectly appropriate. Fine wordsmithing!
I'm framing this one. ;-)
Oh I've called him that too as well as many other things. I also like death star donny.
Remind me to never get into a battle of insulting names with you.
Ditto!!!😂😂😂
Ooops.
Looks that way to me ... that is where he has inherited his power - by hook or by crook ...
I’ve been looking into “Executive privilege” also, Christopher. My conclusions are one logical based on such as the following:
https://www.justsecurity.org/77610/unpacking-the-doj-letters-no-executive-privilege-for-trump-era-witnesses-on-2020-election-machinations/
So I feel the DOJ has cleared the road in a timely and correctly interpretive manner to give the Select Committee the breadth they will need to investigate.
My other conclusion is purely speculative:
The former believes the Big Bullsh*t Lie more than anyone because he cannot believe HE LOST. Therefore, he still uses “Executive privilege” escape because he thinks he can.
I rate that boring, idiotic, and FALSE.
😂
absolutamente!
Why am I completely unsurprised Bush II is desperate to extend executive privilege as far as possible? His administration was such a disaster for this country you have to wonder what the hell they were thinking. I'm sure there are many powerful interests very eager to keep the machinery out of reach of a curious public.
Bush II and Cheney are, at the core, responsible for the current state of Afghanistan and Iraq. In a just world, they would have already been tried as war criminals.
One obvious connection I see between him and ex-#45 is they were both spoiled rich little brats used to always getting their way and not afraid to inflict pain on others.
Please keep us posted, Christopher.
I'm done hoping I've planted a seed for HCR to grow. ;-)
I hope she will
It would make for a great Now and Then podcast also.
Thank you, Christopher. I'll open your links once my caffeine kicks in.
Buckle up, it's gonna be a bumpy ride. Have your preferred pan reliever handy also as reading this stuff has been known to cause a pounding headache.
Not to mention panic attacks.
Oooh, good one. We should create a whole list of the side effects he's caused and file a 74M person class action suit for damages.
Can we file a class action suit for extreme negligence re: his non-response to COVID and the ~650,000 deaths it has caused?
If that is possible, I want to be in on it. The sickening, unrelenting stress & angst he's put me (and us) through has taken a toll, mentally and physically, not to mention the 649 thousand (and growing) deaths from Covid-19.
His executive privilege ended last November. There are undoubtedly several rocks he can slink under, but not that.
They would have to be big rocks.
How about if we make him a nice set of concrete shoes, eh? 😉
Sorry, wish you were correct, but file this under "not necessarily ended."
Laws and rules do not concern him. Some day, I pray, they will catch up with him. His bluster and "positive thinking" (thanks a lot, NVP) can not protect him from justice forever.
May you be correct, Kim. All one can say for sure at this point is that his history suggests that the 'slime baggery' works. Can it be stopped? I hope so.
This is important, Ralph. This sticky wicket should be dealt with once and for all. I agree with you 100%: treason it IS.
Absolutely, Ralph Averill. Seems like a no-brainer. How is it this is even a question, a sitting president failing to "preserve, protect, and defend the constitution of the United States"?
Whaaaa?
I hope you're rigjt.
Yes, that’s my question - who gets to claim executive privilege? The current administration, or the former?
From what I heard last night, he can litigate and slow down the Select Committee's investigation, but it will likely be revealed. Let's hope. That would be the best way to prove Big Orange's (BO) treason and the complicity of his henchmen-and-women.
That's his forte isn't it?. He's been doing it his whole adult life. No doubt he's going to claim Executive Privilege after he exhausts all other options.
Well, consider that he is also claiming he won in '20 - not working out for him, other than creating chaos.
So true.
Both but there are always qualifiers. see below
That's how it seems to me ...
No, executive privilege regarding things said/done during the term of office can be protected. In fact, if Trump mounts a legal case to block this congressional demand, he will likely be supported by the DoJ, on the grounds they don't want to see a precedent set that would make it easy for Chairman Jim Jordan of the House Investigating Committee in 202- to have easy access to President Biden's record.
Just remember, the power of subpeona is a two-edged sword.
Joe Biden's DoJ is going to let Trump off the hook to protect Joe Biden? Did Joe Biden lead an insurrection too? What has he got to hide that hasn't already been discovered? What does any honest politician need to hide his/her record?
I'm not a lawyer. I started my original post with "I believe...", but I don't think executive privelege can be used to hide criminal activity, (see Nixon, Richard,) the same as attorney/client privelege.
No former president should be able to skate on treason and sedition.
I really think you should reconsider your decision not to take that reading comprehension class. What you think was said is not what was said. They will defend him to see if the requested material is covered by executive privilege, because there is a need to be concerned with precedent - for Biden or anyone else. If the material is not protected, then there is no precedent to be concerned with. But that determination has to be made.
I mean, seriously, would you want Gym Jordan or any of the other fuckwits to have an unlimited subpeona power? Give it a thought.
I read your post twice more and came away with the same conclusion. Maybe you should reconsider that writing course, and learn to express yourself a little more clearly, Mr. Published Author.
Unlike many sites, this site is characterized by mutual respect. Maybe you should try some of that, too.