Pierce: The National Archives Explains How Broken Trump's Understanding of Executive Privilege Is

[Nevilledog]

Link to tweet

https://www.esquire.com/news-politics/politics/a40979626/national-archives-trump-letter/?src=socialflowTW

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https://archive.ph/Y0YHo


Back in the bad old days of the last Republican Worst President Ever, the FBI came calling on the public library in my town. They wanted to comb through the library’s records because of an alleged terror threat to a local university. However, the feds had neglected to bring along a warrant. The head librarian told them either to get a warrant or to get stuffed. So they cooled their heels until they could comply with the Constitution. The lesson to be learned was not to f*ck around with librarians because you will find out.

Let us therefore praise Debra Steidel Wall, the acting archivist of the United States who, on May 10, explained to lawyers in the employ of El Caudillo del Mar-a-Lago that they had reached the "…and find out" portion of the proceedings as regards the first batch of documents he had reluctantly surrendered to the National Archives. The lawyers wanted her to shield certain documents on the grounds of "executive privilege."

In reply, Ms. Steidel Wall is admirably plain-spoken:

It is not necessary that I decide whether there might be any circumstances in which a former President could successfully assert a claim of executive privilege to prevent an Executive Branch agency from having access to Presidential records for the performance of valid executive functions. The question in this case is not a close one. The Executive Branch here is seeking access to records belonging to, and in the custody of, the Federal Government itself, not only in order to investigate whether those records were handled in an unlawful manner [emphasis added] but also, as the National Security Division explained, to “conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps.”[...]Ensuring that classified information is appropriately protected, and taking any necessary remedial action if it was not, are steps essential to preserving the ability of future Presidents to “receive the full and frank submissions of facts and opinions upon which effective discharge of [their] duties depends.”[...]Even assuming for the sake of argument that a former President may under some circumstances make such a “protective assertion of executive privilege”[…]there is no predicate for such a “protective” assertion here, where there is no realistic basis that the requested delay would result in a viable assertion of executive privilege against the incumbent President.

It shouldn’t be necessary to point this out, but this letter makes the former president* look guilty as all hell. In April, it says, he knew the first batch of material he’d reluctantly surrendered contained enough classified material to warrant FBI scrutiny and that the material was relevant to a criminal investigation. This makes his knowledge that he had not turned over all the purloined material look even worse, and it didn’t start in the best of places.

*snip*

[UTUSN]

1. & broken about everything else.

[magicarpet]

2. The Mango Fuehrer thinks,..

Executive Privilege and Lawyer/Client Privilege is an impenetrable cover or shroud that absolutely can not under any circumstances be pierced, where he can hide his criminality from any exposure, review, or actions taken against him by the system of civil or criminal juris prudence.

A get out - "Free from jail card" - if you will.

Mr. Teflon Don,...
Mr. Untouchable,...
Mr. Billionaire of White Privilege.