Jack Smith should win any executive privilege fight over Pence subpoena

[LetMyPeopleVote]

TFG is no longer POTUS and it is clear that executive privilege does not apply to criminal investigations

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/pence-subpoena-jack-smith-executive-privilege-rcna70073?cid=sm_npd_ms_tw_ma&taid=63e79e9205dea00001f4b0cb&utm_campaign=trueanthem&utm_medium=social&utm_source=twitter

The news that special counsel Jack Smith has subpoenaed Mike Pence raises the question: How will Team Trump use the courts to muck up this latest development in the Justice Department’s probe?

The short answer is that any attempt to scuttle the Pence subpoena on executive privilege grounds should fail.....

o it’s at least unclear whether a former president can claim the privilege, saying nothing of whether the claim would succeed. Plus, the Supreme Court appeal over then-President Richard Nixon’s attempt to avoid subpoena compliance shows that a vague privilege assertion won’t do, and can be overcome by a specific need for evidence. The court observed in 1974’s United States v. Nixon:

... 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.

Therefore, precedent is on the government’s side. Of course, however, delays from litigating even a losing issue can be a victory of sorts for Trump.

But further dampening the odds of a successful privilege claim is the previous rejection of Trump’s attempt to block Jan. 6 grand jury testimony. As The Washington Post reported in October, that rejection noted that former Pence aide Marc Short, for example, “probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources.” That Pence, too, likely has unique information would help the DOJ in any subpoena fight.

The executive privilege issue has been litigated and TFG has lost everytime

[mrsadm]

1. Thank you for this info

I am worried about this issue

[SoCalDavidS]

2. Even If So, You Can Count On It Putting A Stop To Any Interview For Many Months

Harry Litman said to expect around an 8 month delay, before Smith is even given the possibility of setting up an interview with Pence.

Teflon Man is going to run out the clock, and AG Garland is not going to indict.

[Arazi]

4. Yup. #Traitor is gambling he can delay until the window closes for 2024

[Cha]

3. I love it.. the monster Criminals

are Not so privileged anymore.

Those days are Gone.

pence was an enabler.. and he damn well knew better not to go with the SS and he knew better not to do what dt wanted him to in throwing over the gov to make fuckhead king.

Yes, TY, LMPV!

[gab13by13]

5. Joyce Vance said it could take several months,

Trump's strategy all along has been delay, he doesn't win cases unless they come before judges like Cannon.

Also, for people who believe that members of Congress could possibly be indicted I have more bad news. Scott Perry was deeply involved in the fake elector scheme, he is the #1 member of Congress who could be indicted. The FBI seized his phone this past August and has yet been able to access it. It could take as long as a year for the FBI to get permission.

I cannot understand why people don't understand the importance of time for federal cases primarily.