Ex Priv
Trump the treasonous insurrectionist is claiming he’s immune from everything because “executive privilege” – which I don’t think that’s how it’s supposed to work, at all. I think its basic justification is so that a current president – a president actually in the job at this moment in time – can do the job without distractions or interference. There are problems with that too, as we saw for four years, but I think it is at least limited to that specific situation. It’s pragmatic, as opposed to the bestowal of a dukedom. I don’t think it makes Trump forever a Sacred Body.
Trump on Wednesday threatened to invoke executive privilege in an effort to block the House select committee investigating the January 6 Capitol riot from obtaining a massive tranche of documents it’s demanding from several US government agencies, despite his successor having the ultimate say over whether the information can be shared.
“You can’t look at the evidence that I’m a treasonous insurrectionist, because I used to have the job for reals.” Nah, that’s not right.
At least I certainly hope it’s not.
I’m not a lawyer, let alone a constitutional lawyer or scholar, but I agree with you that it doesn’t work that way. Privilege protects a president in conduct of the duties of the office and as far as I know seeking to overturn an election using a coup doesn’t fall under that mandate.
Ophelia,
If you mean that the privilege only applies to communications with the “current” president, that is incorrect. Executive privilege does survive the specific presidential term, but it follows the office, not the officeholder, meaning that Trump cannot now claim executive privilege, the Biden Administration would have to do it.. (So it’s correct to say it can only be invoked by the current president.)
Administrations have asserted executive privilege over communications made by prior administrations, including those from the other party. There’s a general respect for preserving the institution, and a sort of mutually assured destruction rationale. If Biden begins his administration by releasing every embarrassing document from the Trump administration, then the next GOP administration will do likewise to him. Then presidents would adapt to this reality by keeping more and more communications “unofficial” and private, so that future admins don’t have access, which really messes with continuity of government, historical research, etc.
Michael H @ 1,
Defining the exact limits of what communications would be covered by executive privilege is tricky — it’s essentially a judicial invention, not something carefully defined by the Constitution or statute, and it doesn’t get litigated at a high level that often — and I’m not familiar enough with the nuances to get into it without some research. Though I’m pretty confident that the question of “does executive privilege apply to communications in furtherance of a coup” has not been litigated!
Thanks Screechy.