Trump makes executive privilege threat as House committee seeks documents from agencies on January 6

[steve2470]

Source: CNN

Former President Donald Trump on Wednesday threatened to invoke executive privilege in an effort to block the House select committee investigating the January 6 Capitol riot from obtaining a massive tranche of documents it's demanding from several US government agencies, despite his successor having the ultimate say over whether the information can be shared.

"Executive privilege will be defended, not just on behalf of my Administration and the Patriots who worked beside me, but on behalf of the Office of the President of the United States and the future of our Nation," Trump said in a statement, without detailing how such an effort would be conducted.

The Biden administration has already declined to assert executive privilege over some testimony related to January 6, telling former Justice Department officials that they were free to provide "unrestricted testimony." But the administration has not weighed in on whether the committee should have unrestricted access to records and documents from the Trump White House.

The document requests from the House select committee echo those previously issued by other House committees in the aftermath of the January 6 riot, while significantly broadening the search to other areas and people inside and outside government. Specifically, the select committee is asking for records from the Department of Justice, Department of the Interior, Department of Defense, the Office of the Director of National Intelligence, the Federal Bureau of Investigation, the National Counterterrorism Center, the Department of Homeland Security and, perhaps most importantly, the National Archives -- the custodian of the Trump administration White House records.

Read more: https://www.cnn.com/2021/08/25/politics/january-6-house-documents-investigation/index.html

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Why am I not surprised at all ? I hope the Committee and the Federal courts put this litigation on the "rocket dockets" (?) to expedite this to SCOTUS where I am quite sure this will go. Hopefully SCOTUS will just turn him down cold, instead of wasting time on his bullshit criminal nonsense. I really really dislike that man more than any other human on the earth.


eta: By Zachary Cohen, Ryan Nobles, Annie Grayer and Whitney Wild, CNN

Updated 10:02 PM ET, Wed August 25, 2021


eta2: If you are really curious and have a strong stomach, here's the criminal's statement: https://thedeskofdonaldtrump.com/these-democrats-only-have-one-tired-trick/

[ZonkerHarris]

1. TFG has a lot to hide.

[3Hotdogs]

2. Can a former executive still invoke privilege? NT

[steve2470]

3. good question

In my heated response, I was assuming that a former POTUS could, but I don't know that answer.

[ancianita]

8. Nixon was allowed to post-presidency, but that ruling pertained only to him. The current opinions

that lean against that ruling are based on whether the public interest is to be decided by a former president alone. The way I read it, their answer is no, that elections privilege current presidential power over that of a former president. Trump exerted that power over Bush, and Biden can exert the same over Trump.

The historical test governing when executive privilege is appropriate requires the president to determine whether the release of specified information would be in the public interest. Even if it is true that a former president may have more information about the particular documents or testimony at issue, it is difficult to understand on what basis, in that circumstance, a former president has authority to decide what is in the public interest. A White House or agency official will often have much more information than the president about the nature of particular communications subject to a claim of executive privilege. But those officials have no authority to decide to withhold information to protect the public interest. That decision belongs to the president alone. A former president no longer has any authority to make decisions about the public interest. In this case, the people chose to give that authority to Biden, not Trump, in the 2020 election.

The proper interpretation of the GSA case and the role of former presidents has been a subject of controversy in executive orders governing the disposition of presidential records. In November 2001, President George W. Bush issued an executive order that gave former presidents the absolute right to assert executive privilege over their records and preclude their release by the archivist, who is now charged with maintaining presidential records. The Bush order stated that “the former President independently retains the right to assert constitutionally based privileges,” even if the incumbent president did not support the assertion. President Obama revoked that order on his first full day in office and restored the framework that had previously governed the records of living, former presidents. Under Obama’s order, the archivist first independently evaluates the records request and makes a recommendation. But ultimately, the archivist must “abide by any instructions given him by the incumbent President,” no matter what the former president has directed, and current regulations governing the disclosure of former presidents’ records to Congress allow the former president to assert privilege only when the incumbent president supports that assertion.

https://www.lawfareblog.com/can-former-president-assert-executive-privilege-impeachment-trial

[Grokenstein]

4. Motherf***er Acting Guilty Again

[DallasNE]

5. The Supreme Court By 9-0 Ordered Nixon To Turn Over The Watergate Tapes

Would today's Court say that case was wrongly decided and grant Executive Privilege? Not likely.

[steve2470]

6. yes, I think it is not likely nt

[Miguelito Loveless]

21. I wouldn't be so sure with

the Kavanaugh Court.

[HotRod Deluxe]

7. Maybe it's me.....

but I don't even like the term "executive privilege".

[PSPS]

9. "Executive privilege" is associated with the office, not the person. Biden decides now, not trump.

I don't think trump even has standing to bring any legal action.

He's probably been told that this can't be done but he got it in the news anyway, so now he has more fodder for the next grifting email campaign.

[LastLiberal in PalmSprings]

26. "Executive privilege" was created so that a president could have honest conversations with advisers

without fear that Congress would be able to review those conversations. Despite the number of Trump subordinates who claimed executive privilege during hearings to avoid testifying, only the president can claim executive privilege.

Whether T**** can claim executive privilege now that he's out of office is problematic. He can't say he needs to protect his current conversations, because he's not in office. Whether he can do it retroactively probably depends on the purpose. If the privilege is being exercised to cover up criminal activity -- like with the Nixon tapes -- I doubt a court would accede to that argument. Of course, we're talking about the Roberts court, which has three T**** appointees, so it's a crap shoot as to what the ruling would be.

The thing we know about TFG is that he's a master at drawing out legal proceeding for as long as possible. Congress still hasn't gotten his tax returns, despite the SCOTUS ruling. Hopefully Congress can take the case directly to the Court and get an expedited ruling.

One final point: although he makes it a point to keep referring to himself as "president," on his letterhead, in his news releases, and even on the shield he mounts on his podium during press conferences, the truth is this -- Donald T**** is no longer president, has has only the rights any other civilian would have to claim executive privilege to presidential papers and conversations. That's my personal opinion; it will be interesting how this turns out.

[LetMyPeopleVote]

10. TFG does not control the DOJ

Good luck with this claim. Are there any attorneys willing to represent TFG

[Hekate]

12. I have to wonder who's going to be his lawyer now. Rudy is wrecked, a shell of his former self...

I hope Barr ends up disbarred. Cohen went to prison. The Kraken Lady and Team just went down.

Is there anyone left willing to take the risk?

[LetMyPeopleVote]

13. Any lawyer will need to have a very large retainer

TFG has stiffed a ton of lawyers

[brush]

17. Not many willing to take on such a loser of a client...

especially since the Kraken lady and her shady cabal of operatives.

Wonder if they all lied for trump and didn't get paid and are now all about to get disbarred?

[Ford_Prefect]

11. He's toast and they know it. Executive can't apply to evidence of a crime in any case.

[LetMyPeopleVote]

14. Why Trump's threats to block Jan. 6 committee won't work: former FBI deputy

The DOJ has stated that they will not assert executive privilege

Link to tweet

Former President Donald Trump was made aware of the subpoenas for documents requested of his former administration and he's threatening to invoke his power as the president. There's just one problem: he's not the president anymore.

After the statement from Trump was reported, legal experts explained that his attempts are likely to be difficult.

In July, the New York Times and Politico reported that the Department of Justice has now informed Trump administration witnesses that it "does not support an assertion of executive privilege — in its presidential communications" and "deliberative process." The department then advised witnesses in other cases that they can give "unrestricted testimony," which is how it was revealed Trump tried to manipulate the Justice Department to overthrow the 2020 election.

The thought is that executive privilege would protect the administration's confidential communication as it relates to what's going on in the administration. If the administration no longer exists, are those protections necessary given that the communications are no longer related to what's going on in the administration?

It "would not be appropriate to assert executive privilege with respect to communications with former President Trump and his advisers and staff on matters related to the committee's proposed interviews," the DOJ said in their decision.

[multigraincracker]

15. If the SC says this, then Qanons'

assertion that he is really still President is shot to hell. Not sure he really wants to find out.

[onetexan]

16. Exec privilege doesn't cover sedition

[Sherman A1]

18. As expected

TFG has always and will continue to use every legal tactic available to him on this and any other case pointed in his direction. There is no surprise here at all, beyond those surprised by him doing so.

[bucolic_frolic]

19. A true American patriot president would not fight this for one minute

He's hiding everything. This barrier must be obliterated fast.

[Champp]

20. He ain't no "executive." He's a loser.

Deal with it, loser Republicans. Sit down and shut up.

[lookyhereyou]

23. Right On ! nt

[CrispyQ]

22. I wish I lived in the parallel universe where the Covid took him out.

He needs to die. The sooner the better. I don't believe there's another personality in the GOP that MAGA will coalesce around.

[twodogsbarking]

24. Will you shut up, man?

Thanks Joe. We needed you.

[monkeyman1]

25. he better go & sit on his golden crapper, because shit is going to fly all over the place !