Why can’t I? What’s so different about when Trump did it?
Ducking the actual question. Again.
Start with something simple.
Using your clearest understanding of what the legal bases are for a President to even seek to invoke Executive Privilege, feel free to explain how any such basis applies to the Hur audiotape — especially given that the transcript already been shared.
Also, it isn’t presidential advice. It was a q. and A.
It also isn’t a matter of anything over which the President had any authority. It was the HUR investigation. And supposedly, Hur was
independent of outside control.
Of course, AG Garland seems predisposed to appoint special prosecutors outside the bounds of the Code of Federal Regulations.
For example:
28 CFR § 600.3 - Qualifications of the Special Counsel
(a) …. The Special Counsel shall be selected from outside the United States Government.
www.law.cornell.edu
Neither Hur nor Smith qualified under that rule. But, why would an attorney general of the United States be bound by the CFR? Rules and official codes are for other people. You know. The little people.
As for the independence of an appointed special counsel there’s also this:
§ 600.6 Powers and authority.
Subject to the limitations in the following paragraphs, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney. Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities.
So why would the President seek to control what the AG You brained via that investigation? Why would the AG acquiesce in it?
Unless, maybe, the Constitution itself trumps the CFR. And, if that’s the case, then the argument that the special counsels are unconstitutional has a lot more weight.
I wonder how the SCOTUS might view that argument?