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Tommy_Carcetti

(43,157 posts)
Wed May 8, 2019, 02:17 PM May 2019

Is the invocation of Executive Privilege over the Mueller Report as completely inane as it sounds?

It makes no sense to me how the person being investigated can claim privilege over the investigation of him.

It's like saying a trial transcript can't be released under the theory of attorney-client privilege simply because the attorney and his/her client happen to be in the same room.

Help me out here. They really can't be that stupid, can they?

23 replies = new reply since forum marked as read
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Is the invocation of Executive Privilege over the Mueller Report as completely inane as it sounds? (Original Post) Tommy_Carcetti May 2019 OP
Maybe, but it's all they got. TreasonousBastard May 2019 #1
Delaying tactic Lithos May 2019 #2
What the plan will actually do: bring out the most damaging material just before the election. lagomorph777 May 2019 #9
Inane in the membrane Blue Owl May 2019 #3
It actually can be appropriate in certain circumstances StarfishSaver May 2019 #4
Right, but Trump is asserting Executive privilege over the whole report and all the evidence. pnwmom May 2019 #5
Yes. He said he'd refuse to give them anything they ask for, regardless what it is StarfishSaver May 2019 #8
Yes DeminPennswoods May 2019 #6
I think that's about the Grand Jury testimony. Honeycombe8 May 2019 #7
But isn't the full unredacted report what Nadler is demanding? MichMan May 2019 #11
That's what he wants. I doubt they get it. Honeycombe8 May 2019 #12
One exception is for "related" investigations bigbrother05 May 2019 #17
Maybe. But I doubt they get it. Honeycombe8 May 2019 #19
Definitely It Is Desperation As Well colsohlibgal May 2019 #10
Yes, Trump is really that stupid. Trump wants to keep secret an extesive report on a group of Stuart G May 2019 #14
Tump is guilty as hell Andy823 May 2019 #13
The Roy Cohn playbook maxsolomon May 2019 #15
Not to mention, most of the report was about Wednesdays May 2019 #16
Also, I've seen people mention that since most of stuff in Mueller rpt happened before rump was ... SWBTATTReg May 2019 #18
Trump's team is stalling for time. Nitram May 2019 #20
"Inane" Isn't Strong Enough - Go With "Absurd" corbettkroehler May 2019 #21
Bill and Hillary must be shocked Scarsdale May 2019 #22
We are being "gaslighted" like Reagan's disinformation campaign. MasonDreams May 2019 #23

Lithos

(26,403 posts)
2. Delaying tactic
Wed May 8, 2019, 02:21 PM
May 2019

Especially given that Trump does not have to pay for the lawyers. We're basically paying for this charade. In 3-6 months when this works thru the system, it will happen. Then Trump will do it again on the next item. The plan is to keep things under wraps until after the election.



L-

lagomorph777

(30,613 posts)
9. What the plan will actually do: bring out the most damaging material just before the election.
Wed May 8, 2019, 02:50 PM
May 2019


Turd is shooting himself in the orange face with this plan!
 

StarfishSaver

(18,486 posts)
4. It actually can be appropriate in certain circumstances
Wed May 8, 2019, 02:32 PM
May 2019

The viability of an executive privilege claim is based on the nature of the communication, not the type or subject of the preoceeding for which it is sought. which essentially protects communications between a president or are senior official (such as a cabinet secretary) and their staffs/advisors in order to allow for a free flow of advice and discussion. It does not, however protect communications related to fraud or crimes.

So, it's possible that executive privilege could properly be invoked even in an investigation of the president from whom it sought IF it truly is a protected communication and is not a discussion of criminality.

For example, a president's discussion with WH Counsel about Supreme Court nominations could be protected from disclosure in an impeachment inquiry if the purpose of the disclosure was to find out if the president was relying too heavily on recommendations from the Federalist Society for his selections.

Here, however, that doesn't apply because executive privilege doesn't protect a president's instructions for a subordinate to violate the law and, even if it did, he waived the privilege already, so he can't reinstate it.

pnwmom

(108,973 posts)
5. Right, but Trump is asserting Executive privilege over the whole report and all the evidence.
Wed May 8, 2019, 02:45 PM
May 2019

Not just some specific documents.

 

StarfishSaver

(18,486 posts)
8. Yes. He said he'd refuse to give them anything they ask for, regardless what it is
Wed May 8, 2019, 02:49 PM
May 2019

But in practice, a court will determine whether executive privilege applies individually on each thing they ask for, not the blanket assertion.

Honeycombe8

(37,648 posts)
7. I think that's about the Grand Jury testimony.
Wed May 8, 2019, 02:48 PM
May 2019

I doubt the Grand Jury testimony & other GJ evidence will be unredacted.

MichMan

(11,899 posts)
11. But isn't the full unredacted report what Nadler is demanding?
Wed May 8, 2019, 06:43 PM
May 2019

that would seem to include all the Grand Jury redactions as well

Honeycombe8

(37,648 posts)
12. That's what he wants. I doubt they get it.
Wed May 8, 2019, 06:48 PM
May 2019

There is a separate law that says Grand Jury testimony is private, not to be released to anyone. There is no exception for Congress.

If that is broken, that makes Grand Juries less effective. Part of the reason they work so well, esp in high profile cases, is that no one knows who the jurors are (and maybe the questions?). Or the witnesses. All people know are whether they return an indictment. The witnesses aren't even allowed to have their attorneys present.

But we'll see. We're in uncharted territory, really.

bigbrother05

(5,995 posts)
17. One exception is for "related" investigations
Thu May 9, 2019, 11:11 AM
May 2019

The judge over a specific Grand Jury can release the evidence/testimony if it's requested by an appropriate body.

The AG could request permission to release it to the Committees, but Barr will fight that until forced to do so. Because he has control of the entire Mueller Report and associated supporting documentation, Barr is the first place for the Committees to start to get it all in one package.

Think it might be possible for a Committee to go directly to a GJ judge to release their info if they can figure out what each GJ looked at and who they talked to. Without an unredacted version of the Report, a Committee wouldn't necessarily know which GJ to contact for a particular line of questioning that was within their area of responsibility.

It's pretty clear that Congress's power to investigate would meet the minimum needed for a GJ judge to release info, they're currently stymied by DoJ's obstruction.

Everyone know the Mueller Report is a roadmap to the truth and Barr will keep it locked up as long as he can.

Honeycombe8

(37,648 posts)
19. Maybe. But I doubt they get it.
Thu May 9, 2019, 01:53 PM
May 2019

I wish they would. But I doubt it. The problem is, there's a chance it might leak to the public. Anything not in the control of Mueller has leaked, pretty much.

colsohlibgal

(5,275 posts)
10. Definitely It Is Desperation As Well
Wed May 8, 2019, 03:34 PM
May 2019

Orange 21st Century Hitler is acting like this is ke a trapped, crazy rat.

If we survive this period and come out whole on the other side this should be a cautionary lesson.

It is obvious this guy is a tax fraud, is a horrible business man, basically a spoiled brat ripping foolishly his Daddy’s cash. A loser. A sex deviate. Yet 35 % or so think he is great. They have ceded their brains to Fox News and Rush

This is the strangest period of time In my lifetime, it aces the Nixon years because back then there was no Fox News and there were a few republicans who bailed on Nixon.

Stuart G

(38,414 posts)
14. Yes, Trump is really that stupid. Trump wants to keep secret an extesive report on a group of
Wed May 8, 2019, 06:55 PM
May 2019

people who conspired to control the results of a Presidential Election. Keep it secret ? For the good of the country??

The only problem is, the report is about him.
...If it were about Hillary, Trump and his crowd would be in favor of it, even though it would be the 2nd time around, or is it the 3rd time??? No, he wants to keep it secret for personal reasons. Not for the country's reasons. And he wants to go to war with Democrats who control the House of Representatives over it. Yes, an emotional and sort of battle between one section of one branch of government with another branch.

But the report will come out sooner or later. One way or another. ...am I wrong?
on another note:
Do you think Trump will be able to hide the rest of his taxes? Now that some are out.? He can try, and I guess he will. But we will see.

Andy823

(11,495 posts)
13. Tump is guilty as hell
Wed May 8, 2019, 06:53 PM
May 2019

And pulling this stunt proves it. It also works up his braindead base, and he loves that. Throw them some raw meat, and listen to them praise him to high heaven. It's what every narcissist lives for.

maxsolomon

(33,265 posts)
15. The Roy Cohn playbook
Wed May 8, 2019, 07:22 PM
May 2019

deny everything, never concede a single fact, accuse your opponents of what you're doing, drag everyone into the pig sty, create disgust at all sides, create equivalence.

It sounds dumb, but it buys what he needs: time. Time to work the refs, time to smear the opposition, time to quash the remaining functioning departments of the government. It's working, frankly.

"Death needs time for what it kills to grow in."
-WS Burroughs, Ah Pook the Destroyer

SWBTATTReg

(22,093 posts)
18. Also, I've seen people mention that since most of stuff in Mueller rpt happened before rump was ...
Thu May 9, 2019, 11:56 AM
May 2019

president, he can't claim executive privilege (E_P) ? Y or N? To me, that makes sense (you can't on events before becoming president) but I am sure it's a fine line. And I happen to agree w/ Tommy_C in that it seems that E_P is being used here to hide results of investigations of rump himself, which is literally obstructing justice too, a criminal act. I thought E_P was allowed only for legal purposes, not illegal.

Nitram

(22,776 posts)
20. Trump's team is stalling for time.
Thu May 9, 2019, 03:28 PM
May 2019

Pf course, another theory is that Trump a House vote to impeach to energize his base.

corbettkroehler

(1,898 posts)
21. "Inane" Isn't Strong Enough - Go With "Absurd"
Thu May 9, 2019, 06:28 PM
May 2019

My favorite part is that his base eats this up even when it's backwards. How could he claim privilege in reviewing a report which covered an investigation into him?

Absurd.

Scarsdale

(9,426 posts)
22. Bill and Hillary must be shocked
Sun May 12, 2019, 11:10 AM
May 2019

to learn that they could have done this, and stopped Starr from releasing the entire transcript of his hearings as a book for all to read. Imagine the gop uproar if Clinton had even tried this, and his "crime" was very personal, not a threat to this nation. Can someone convince Kellyanne, Hope Hicks or Sarah Sanders to give the orange ass a blow job, so we can move ahead with impeachment?

MasonDreams

(756 posts)
23. We are being "gaslighted" like Reagan's disinformation campaign.
Sun May 12, 2019, 07:39 PM
May 2019

It just goes on and on and on. Looks like their goal is to get the Fox "news" watchers to break out the war weapons and shoot us.

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