General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAs an ousted President, how can Trump still claim executive privilege?
I was under the impression that, once out of office, executive privilege ends. WTH?
Walleye
(30,697 posts)zanana1
(6,084 posts)Trump used executive privilege often while in office, but it seems now that he still has power.
Walleye
(30,697 posts)rickyhall
(4,889 posts)we can do it
(12,116 posts)FBaggins
(26,693 posts)for things that occurred while they were president
Of course - even for sitting presidents, there's a difference between claiming a privilege and actually winning that argument in court.
StarfishSaver
(18,486 posts)FBaggins
(26,693 posts)I was merely responding to the question of whether or not former presidents can still envoke the privilege.
StarfishSaver
(18,486 posts)ON EDIT - I stand corrected by FBaggins (thanks). A former president can try to invoke the privilege.
FBaggins
(26,693 posts)The court disagreed with your position.
FBaggins
(26,693 posts)I still don't know the particulars, but my bet is that he doesn't expect to ultimately win on that claim, just run out the clock.
obamanut2012
(25,905 posts)Biden can say Trump's comms can have it if he wishes to, but Trump cannot.
StarfishSaver
(18,486 posts)zanana1
(6,084 posts)Now I'm wondering if he can block an investigation if he is the target of that investigation.
StarfishSaver
(18,486 posts)Also, I was mistaken. A former president CAN assert executive privilege.
StarfishSaver
(18,486 posts)Only is sitting president can invoke executive privilege. But he can invoke the privilege for his predecessor's communications while in office.
FBaggins
(26,693 posts)It can be argued that in asserting the claim, a former president is invoking the current president's privilege. And that, as a consequence, the sitting president could decline to defend that claim. That's an open question, but you certainly can't say that he can't assert the claim in the first place because he's a former president.
zanana1
(6,084 posts)I must admit I'm still a bit confused, but that's clearing it up for me. Thanks.
FBaggins
(26,693 posts)There are scores of academic papers arguing this very point and there obviously isn't a bunch of clear evidence to go on because it only comes up in highly politically charged situations.
The key takeaway, in this case, is that just being able to make the claim - even for a sitting president - doesn't mean that you'll win in the end. It is widely accepted that presidents need confidential communications with their advisors in order to be effective, but it's just as widely accepted that it shouldn't shield them from criminal liability, congressional oversight, etc. So each instance is to some extent a new argument in that clash that depends very much on the specifics.
I haven't seen the specifics driving your question... but my guess is that Trump doesn't expect to win the claim. He's satisfied that losing it will take a loooong time, and that's enough of a goal to justify the attempt.
StarfishSaver
(18,486 posts)FBaggins
(26,693 posts)("Class act" points of course)
Lawfare took it up a few months ago. The context of a post-term impeachment trial obviously makes for a relevant difference, but it's still an interesting read.
If Trump attempts to assert executive privilege in the coming impeachment trial and Biden refuses to back it, it would be the first time, to my knowledge, that a former president has attempted to assert executive privilege against Congress contrary to the wishes of the current president. Nothing in GSA or any other judicial decision compels a particular result when such a clash exists. Nor are there relevant congressional precedents.
https://www.lawfareblog.com/can-former-president-assert-executive-privilege-impeachment-trial
Since then, I'm pretty sure that DOJ has attempted to preemptively state the "contrary to the wishes of the current president" argument for former employees. But I don't know where that goes from here.
StarfishSaver
(18,486 posts)I also think that a sitting administration's refusal to defend or support a former president's assertion of executive privilege would carry substantial weight, as likely occurred in the Nixon case you cited (the Court expressly noted that neither the Ford nor Carter administrations supported Nixon's executive privilege claim).
MissMillie
(38,450 posts)The privilege is to protect the government, not the individual.
Hassin Bin Sober
(26,271 posts)The ultimate decision made is obviously our business but the courts have afforded a certain amount of privacy in the deliberations made with close advisors.
ananda
(28,779 posts)It shouldn't be.
dem4decades
(11,241 posts)Midnight Writer
(21,540 posts)He is a giant sack o' shite.
LetMyPeopleVote
(143,998 posts)lagomorph777
(30,613 posts)Is that what you mean?
Hotler
(11,353 posts)Ace Rothstein
(3,098 posts)CrispyQ
(36,221 posts)I worry we will add "a past president can't be indicted," too.