The quirky "loophole" in Executive Privilege....

[nat4900]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

 

[JoeMoma]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

Unless Bannon is granted immunity, he can claim the 5th and say nothing.

 

[DarkFury]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

Unless Bannon is granted immunity, he can claim the 5th and say nothing.

Actually the president can ban him from speaking based on national security!

 

[Cellblock2429]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

/----/ Well if it's in the law, it's not a loophole.

 

[Care4all]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

Unless Bannon is granted immunity, he can claim the 5th and say nothing.

just the opposite.... if bannon has been granted immunity, then he is compelled to answer and has no reason to plead the 5th, is my understanding of it....

And this is why the President hasn't issued any....is a good guess....

 

[Care4all]

executive privilege is to give the president and advisors the privacy of discussing policy, without congress needing to know.

Executive privilege does not cover anything that is not advice on policy or potential policy or executive decisions regarding our government....according to the few court cases that have taken place on it that has defined it, from my understanding....The Nixon tapes that he refused to turn over, and lead to his impeachment, were tapes from his Oval office, but they were tapes discussing the coverup of Watergate and the burglary at Daniel Ellsberg Psychiatrist's office....and the watergate investigation.

And it STARTS when he becomes president, and not during the campaign or transition....again, from my understanding of it....

 

[JoeMoma]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

Unless Bannon is granted immunity, he can claim the 5th and say nothing.

just the opposite.... if bannon has been granted immunity, then he is compelled to answer and has no reason to plead the 5th, is my understanding of it....

And this is why the President hasn't issued any....is a good guess....

You say “just the opposite” , but then you agree with me. You may want to reread my post.

 

[KissMy]

It's proof Trump is guilty & trying to hide behind anything or anyone he can!

 

[Cellblock2429]

It's proof Trump is guilty & trying to hide behind anything or anyone he can!

/----/ We got him this time....

 

[nat4900]

Unless Bannon is granted immunity, he can claim the 5th and say nothing.

Moronic response......Bannon is NOT charged with anything (its not a crime to be an asshole)......He is just a key witness to a whole bunch of things that went on in both the transition and WH dealings.

There's no "5ht" pleadings as a witness.

 

[buckeye45_73]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

I agree, except when all of Hillary's people pleaded the 5th even for their name......they should have been convicted of obstruction of justice

 

[nat4900]

Actually the president can ban him from speaking based on national security!

Bullshit........If bannon clams up......he goes before a judge and the questions related to NON "national security" have to be answered or risk contempt......Do you think that Bannon is THAT loyal to the orange clown?

 

[nat4900]

Unless Bannon is granted immunity, he can claim the 5th and say nothing.

LOL It worked so well for Nixon.....just ask John Dean

 

[nat4900]

I agree, except when all of Hillary's people pleaded the 5th even for their name......they should have been convicted of obstruction of justice

Go for it........after all, doesn't your ilk like to shout that you're in complete control of D.C.................LOL

 

[Bootney Lee Farnsworth]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

Executive Privilege is a deliberative privilege. The purpose is to allow the President to communicate candidly with his staff without the fear that such discussions will later be used against him. The reasoning is that if the President is afraid to discuss matters candidly with his advisers, he cannot make good decisions.

The Attorney-Client Communication privilege works the same way, the idea being that the client can speak candidly with his/her attorney in preparing the client's case, without the fear of that discussion being used against the client in court.

That lawyer could be called to testify about communications with his client, but the lawyer cannot refuse to testify or invoke attorney-client privilege. That privilege belongs to the client. Only the client can invoke the privilege, and only the client can waive it. The lawyer and the Court must allow the client the opportunity to invoke or waive that privilege.

To whom does executive privilege belong?

Bannon was a part of Trump's staff. As such, Bannon was privy to confidential communications. The privilege is not Bannon's. It's not Mueller's. Only Trump can waive or invoke that privilege.

So, you are right that Bannon or others cannot refuse to testify, but Trump may invoke the privilege and prevent Bannon from testifying.

 

[nat4900]

So, you are right that Bannon or others cannot refuse to testify, but Trump may invoke the privilege and prevent Bannon from testifying.

Now THAT would be fantastic for Mueller......Let Trump try a gag order and see what happens............LOL

 

[JoeMoma]

Unless Bannon is granted immunity, he can claim the 5th and say nothing.

Moronic response......Bannon is NOT charged with anything (its not a crime to be an asshole)......He is just a key witness to a whole bunch of things that went on in both the transition and WH dealings.

There's no "5ht" pleadings as a witness.

Someone does not have to be charged with anything to plead the 5th.

 

[debbiedowner]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

Executive Privilege is a deliberative privilege. The purpose is to allow the President to communicate candidly with his staff without the fear that such discussions will later be used against him. The reasoning is that if the President is afraid to discuss matters candidly with his advisers, he cannot make good decisions.

The Attorney-Client Communication privilege works the same way, the idea being that the client can speak candidly with his/her attorney in preparing the client's case, without the fear of that discussion being used against the client in court.

That lawyer could be called to testify about communications with his client, but the lawyer cannot refuse to testify or invoke attorney-client privilege. That privilege belongs to the client. Only the client can invoke the privilege, and only the client can waive it. The lawyer and the Court must allow the client the opportunity to invoke or waive that privilege.

To whom does executive privilege belong?

Bannon was a part of Trump's staff. As such, Bannon was privy to confidential communications. The privilege is not Bannon's. It's not Mueller's. Only Trump can waive or invoke that privilege.

So, you are right that Bannon or others cannot refuse to testify, but Trump may invoke the privilege and prevent Bannon from testifying.

But wouldn't the executive privilege only apply since inauguration day and not during the campaign? I think anything before is open season.

 

[bendog]

Unless Bannon is granted immunity, he can claim the 5th and say nothing.

Moronic response......Bannon is NOT charged with anything (its not a crime to be an asshole)......He is just a key witness to a whole bunch of things that went on in both the transition and WH dealings.

There's no "5ht" pleadings as a witness.

Well, there would be if answering a question would be admitting to being part of a crime. BUT I fail to see how executive privilege would apply to any conversation that included a plan to commit a crime.

 

[bendog]

By definition, an executive privilege is the power of the President and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information.

The above is why Bannon and others can resist or stonewall on their testimony before legislative committees.

HOWEVER, if one notices the wording of executive privilege, the application ONLY applies to the legislature and NOT to a body entrusted to investigate the executive (i.e., the special counsel's office)........We must remember that Mueller's team IS part of the same executive branch, appointed and given jurisdiction by the DOJ which is, of course, part of the executive.

Bottom line, Bannon and others CANNOT avoid being questioned in front of either a gran jury, or questions by Mueller's team........AND, the 5th amendment ONLY applies if one is personally incrimination oneself and NOT when trying to "protect" someone else.

Executive Privilege is a deliberative privilege. The purpose is to allow the President to communicate candidly with his staff without the fear that such discussions will later be used against him. The reasoning is that if the President is afraid to discuss matters candidly with his advisers, he cannot make good decisions.

The Attorney-Client Communication privilege works the same way, the idea being that the client can speak candidly with his/her attorney in preparing the client's case, without the fear of that discussion being used against the client in court.

That lawyer could be called to testify about communications with his client, but the lawyer cannot refuse to testify or invoke attorney-client privilege. That privilege belongs to the client. Only the client can invoke the privilege, and only the client can waive it. The lawyer and the Court must allow the client the opportunity to invoke or waive that privilege.

To whom does executive privilege belong?

Bannon was a part of Trump's staff. As such, Bannon was privy to confidential communications. The privilege is not Bannon's. It's not Mueller's. Only Trump can waive or invoke that privilege.

So, you are right that Bannon or others cannot refuse to testify, but Trump may invoke the privilege and prevent Bannon from testifying.

But wouldn't the executive privilege only apply since inauguration day and not during the campaign? I think anything before is open season.

I don't know if there's a yes-no answer to that. Trump (or any other candidate) can meet with a foreign leader or officials and discuss what his foreign policy or economic policy or treaties might come about. I think you could argue that they would be covered.