Does a former President have the right of Executive Privilege?

Any current president who doesn't respect a former president's privilege should expect the very same from his successor....so yes it should remain privileged.

JO
So you believe former President's are above the law? Do you also believe Trump's subordinates can ignore Congressional Subpoenas?
 
So you believe former President's are above the law? Do you also believe Trump's subordinates can ignore Congressional Subpoenas?
I believe that when Biden's successor moves to do the same thing to Biden that the left will be up in arms and the Obama judges will make every effort to uphold presidential privilege.... Unless of course Biden sets the precedent now.
 
I believe that when Biden's successor moves to do the same thing to Biden that the left will be up in arms and the Obama judges will make every effort to uphold presidential privilege.... Unless of course Biden sets the precedent now.
Huh? Trump IS CORRUPT. Obama and Biden are NOT. Big Lies and Conspiracy Stories are not evidence, not probative. They are words which lack substance and credibility among the rational and educated set!
 
I believe that when Biden's successor moves to do the same thing to Biden that the left will be up in arms and the Obama judges will make every effort to uphold presidential privilege.... Unless of course Biden sets the precedent now.
What you believe? A Slippery Slope is a logical fallacy. Biden has not committed an act of sedition, if the Congress decides Trump has used the influence of the Presidency to incite the riot on Jan 6; if the mob was attempting to violate the law of our land, aka, The Constitution; and, if the evidence is probative that the documents the President engaged in an insurrection, it is damn well clear that his executive privilege is moot and his guilt or innocence will be decided by the Supreme Court.
 
What you believe? A Slippery Slope is a logical fallacy. Biden has not committed an act of sedition, if the Congress decides Trump has used the influence of the Presidency to incite the riot on Jan 6; if the mob was attempting to violate the law of our land, aka, The Constitution; and, if the evidence is probative that the documents the President engaged in an insurrection, it is damn well clear that his executive privilege is moot and his guilt or innocence will be decided by the Supreme Court.
Biden has indeed committed Sedition, Bribery, Misuse of Government funds, Abuse of Power......so on and so forth. It's all there to see....and the transcripts are all protected by POTUS exec privilege at this point. Don't fucking talk to me about what I believe....the slippery slope began with Trump's phony impeachment and has not stopped to this day ..... that's fine.... he's adapting and making a comeback and will most likely run in 24. When he does get back into the white house I fully expect him to return the favor ding bat...Of course I realize that the idea of all of this is to make it impossible for him to run again. Don't hold your breath on that one. After all the insults and threats the current administration has thrown at SCOTUS you can forget cooperation from them even if they do try to pack the court.

JO
 
Huh? Trump IS CORRUPT. Obama and Biden are NOT. Big Lies and Conspiracy Stories are not evidence, not probative. They are words which lack substance and credibility among the rational and educated set!
Obama and Biden are Hugely corrupt ..... wtf are you talking about jackass? Biden's personal pedophile history is all over the net and all over his daughter's autobiography..... POT= KETTLE that simple. The Difference was we knew what Trump's personal history was before he was elected....we didn't vote for the POPE.....Biden ain't no pope either btw and neither was that Bisexual mulatto faggot. Trump want's a Strong America..... Biden et al want a weak America.
Why? ( Hint....the answer comes in yuan denominations)

JO
 
What you believe? A Slippery Slope is a logical fallacy. Biden has not committed an act of sedition, if the Congress decides Trump has used the influence of the Presidency to incite the riot on Jan 6; if the mob was attempting to violate the law of our land, aka, The Constitution; and, if the evidence is probative that the documents the President engaged in an insurrection, it is damn well clear that his executive privilege is moot and his guilt or innocence will be decided by the Supreme Court.
Bumping the thread, instead of starting a new one.

But you're right about it being to the supreme court. But they already answered a similar situation in the impeachment inquirery of Richard M. Nixon, where they rejected the claim of executive privilege for the white house tapes, because of the need for congress to determine what the president knew and when he knew it.
 

It was on this day in 1974 that the U.S. Supreme Court dealt a fatal blow to President Richard Nixon’s presidency, in a decision that led to the release of the Watergate tapes.

The case of United States v. Nixon reached the Court on July 8, 1974, after it had concluded its prior term. The Justices found themselves in new territory as the Court had to deal with an executive privilege claim filed by President Nixon’s attorneys.

Nixon argued that the concept of executive privilege gave him the power to withhold sensitive information, such as the tapes, from other government branches in order to maintain confidential communications within the executive branch and to secure the national interest.

On July 24, 1974, a unanimous Court (with Justice Rehnquist not taking part due to a prior role in the Nixon administration) ruled against the President. Chief Justice Warren Burger said that the President didn’t have an absolute, unqualified privilege to withhold information.

“We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial,” Burger said.
 
Associated Press

Trump wants call logs, aide's notes hidden from Jan. 6 panel​

ZEKE MILLER
Sat, October 30, 2021, 4:07 AM


Former President Donald Trump is trying to block documents including call logs, drafts of remarks and speeches and handwritten notes from his chief of staff relating to the Jan. 6 Capitol insurrection from being released to the committee investigating the riot, the National Archives revealed in a court filing early Saturday.
Trump has sued to prevent the National Archives from transmitting those documents, and thousands more, to the House committee investigating the attack. President Joe Biden declined to assert executive privilege on most of Trump's records after determining that doing so is “not in the best interests of the United States.”


It seems former President Trump seeks to use this privilege to cover up the events before, during and after the events on Jan 6th, 2021.

Was this a serious thread or a lame attempt at humor?
 
The US Supreme Court rejected absolute executive privilege for a sitting president. So any privilege of an ex-president must be to a far lesser extent. The documents congress seeks, if from the current president would be immune from an executive privilege claim due to as the USSC said in US v Nixon

"“We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law ..."
 
This raises a serious question. Can Jimmy Carter raise "executive privilege" to keep information in the Carter Library or National Archives from being made public?
 
Executive Privilege is an inferred right of privacy accorded to a President during his term in office. The President is deemed to have the "privilege" of executing the office of the President without interference or undue scrutiny from any other branch of government. President Trump was in office until January 20th. The communications and other materials requested by Congress were ALL generated or created during Trump's presidency. Hence, to the extent that the privilege exists, it covers this time period and the materials in question.

Congress IS NOT a law enforcement arm of the Federal Government. That role basically is assigned to the Justice Department. Congress has no legitimate role in enforcing criminal laws. It is a political and legislative body, period. If they intend to impeach him YET AGAIN, the are welcome to try.

Not one person who has been arrested or detained in connection with the events of January 6th has even been charged with a crime even remotely associable with an attempt to overthrow the government or to overturn the election. They were justifiably pissed off and acted accordingly.

Everyone involved should emulate that Bannon fellow and tell the congressional committee to go fuck off. He will not be convicted of anything.
 
Associated Press

Trump wants call logs, aide's notes hidden from Jan. 6 panel​

ZEKE MILLER
Sat, October 30, 2021, 4:07 AM


Former President Donald Trump is trying to block documents including call logs, drafts of remarks and speeches and handwritten notes from his chief of staff relating to the Jan. 6 Capitol insurrection from being released to the committee investigating the riot, the National Archives revealed in a court filing early Saturday.
Trump has sued to prevent the National Archives from transmitting those documents, and thousands more, to the House committee investigating the attack. President Joe Biden declined to assert executive privilege on most of Trump's records after determining that doing so is “not in the best interests of the United States.”


It seems former President Trump seeks to use this privilege to cover up the events before, during and after the events on Jan 6th, 2021.

Nope, but you have to understand Trump is very stupid and can't read.
 
Executive Privilege is an inferred right of privacy accorded to a President during his term in office. The President is deemed to have the "privilege" of executing the office of the President without interference or undue scrutiny from any other branch of government. President Trump was in office until January 20th. The communications and other materials requested by Congress were ALL generated or created during Trump's presidency. Hence, to the extent that the privilege exists, it covers this time period and the materials in question.

Congress IS NOT a law enforcement arm of the Federal Government. That role basically is assigned to the Justice Department. Congress has no legitimate role in enforcing criminal laws. It is a political and legislative body, period. If they intend to impeach him YET AGAIN, the are welcome to try.

Not one person who has been arrested or detained in connection with the events of January 6th has even been charged with a crime even remotely associable with an attempt to overthrow the government or to overturn the election. They were justifiably pissed off and acted accordingly.

Everyone involved should emulate that Bannon fellow and tell the congressional committee to go fuck off. He will not be convicted of anything.

LOLOL.. take a lesson from Nixon.
 
The answer is no.

Anyone can argue that an ex-President should have it, but the question of whether he does is pretty cut and dried. As of now, he does not.

The idea behind Executive Privilege is to allow the current President to do his job without fear of having someone peek at his notes, not to prevent others from knowing what he has done after the fact. That's why the choice of whether or not to invoke it lies with the current, not former, President. The caveat is that that is the way it is because of the Supreme Court decision back in Nixon's time, so it is theoretically possible that this Supreme Court could reverse that.
 
The answer is no.

Anyone can argue that an ex-President should have it, but the question of whether he does is pretty cut and dried. As of now, he does not.

The idea behind Executive Privilege is to allow the current President to do his job without fear of having someone peek at his notes, not to prevent others from knowing what he has done after the fact. That's why the choice of whether or not to invoke it lies with the current, not former, President. The caveat is that that is the way it is because of the Supreme Court decision back in Nixon's time, so it is theoretically possible that this Supreme Court could reverse that.

Why would a president have executive privilege after he leaves office? His notes and documents are work product and a matter of record.
 

Forum List

Back
Top