The Briefing Room
General Category => Trump Legal Investigations => Topic started by: edpc on March 19, 2019, 12:26:11 am
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Washington (CNN) — White House lawyers expect to have an opportunity to review whatever version of Robert Mueller's report Attorney General Bill Barr submits to Congress before it reaches lawmakers and the public, multiple sources familiar with the matter said, setting up a potential political battle over the hotly anticipated document.
The attorneys want the White House to have an opportunity to claim executive privilege over information drawn from documents and interviews with White House officials, the sources said.
The White House's review of executive privilege claims are within its legal purview, but could set up a political battle over the perception President Donald Trump is trying to shield certain information from the public about an investigation that has swirled around him since the first day of his presidency.
https://www-m.cnn.com/2019/03/18/politics/mueller-report-white-house-see/index.html?r=https%3A%2F%2Fwww.cnn.com%2F (https://www-m.cnn.com/2019/03/18/politics/mueller-report-white-house-see/index.html?r=https%3A%2F%2Fwww.cnn.com%2F)
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While Trump's personal attorney Rudy Giuliani suggested privilege could be used to keep parts of the report from public view, the issue is up to the White House, not the President's personal attorneys.
Why claim executive privilege, if this is a baseless witch hunt?
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Why would the President not see the report first? It's a work product of the Justice Department, an Executive Branch entity.
What am I missing?
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Why would the President not see the report first? It's a work product of the Justice Department, an Executive Branch entity.
What am I missing?
@Cyber Liberty
You are not missing anything; justice sends reports to White House if there is a possibility of executive privilege. Heard lawyer from the Southern District speak about this today. Executive privilege begins the day a president is sworn in. Any actions of the president or his staff before he is sworn in, is not allowed to be executive privilege.
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@Cyber LibertyYou are not missing anything; justice sends reports to White House if there is a possibility of executive privilege. Heard lawyer from the Southern District speak about this today. Executive privilege begins the day a president is sworn in. Any actions of the president or his staff before he is sworn in, is not allowed to be executive privilege.
True, but there are aspects about the investigation that necessarily revolve around the time in office, such as potential obstruction. It would be a terrible mistake to invoke that, after two years of proclaiming witch hunt. Besides, there is the constitutional argument, concerning oversight.
Executive privilege “is at its strongest when applied to information the president needs to guide his decision-making, and this is far, far from that,†David Super, a professor at Georgetown Law in Washington, said in an interview. “The privilege is weakest when the information is needed by Congress to perform specific, constitutionally assigned functions, and impeachment is one of those.â€
http://fortune.com/2019/03/05/robert-mueller-report-release/ (http://fortune.com/2019/03/05/robert-mueller-report-release/)
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I'm interested in where you are coming from on this, @edpc. Are you suggesting this President not be allowed to see the report at all, or only after Congress decides what redacted version he can see? Or that Executive Privilege not be allowed?
During Nixon's Presidency, a young lawyer named Hillary Clinton pushed the idea that a President should not be allowed a Defense Counsel at all. I'm not sure that's a good direction to take.
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As a reminder of just what you are dealing with in Robert Muellar;
Mueller and the political assassination of Ted Stevens (http://mustreadalaska.com/mueller-and-the-political-assassination-of-ted-stevens/?fbclid=IwAR2hfTF88X7Kk5N7rIzlXVBfxaHdhfieSfP_ZNslj_CVfowEOWT86bib7I0)
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As a reminder of just what you are dealing with in Robert Muellar;
And MORE reminders, the only standards in the bipartisan, opposition to Trump include
"ANYTHING GOES"
"WHATEVER IT TAKES"
It has proved to be an investigation, based on lies, intended to damage if not destroy the duly elected President of the US.
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I'm interested in where you are coming from on this, @edpc. Are you suggesting this President not be allowed to see the report at all, or only after Congress decides what redacted version he can see? Or that Executive Privilege not be allowed?
During Nixon's Presidency, a young lawyer named Hillary Clinton pushed the idea that a President should not be allowed a Defense Counsel at all. I'm not sure that's a good direction to take.
Of course he is allowed to see the report and have counsel. Conversely, it should be made available to, at the very least, to the judiciary committees of the House and Senate. They are responsible for DOJ oversight and impeachment proceedings. As the article excerpt I cited points out, there is constitutional authority for Congress to check the Executive. Impeachment is one of the powers available.
There is an existing DOJ policy, stating a sitting president cannot be indicted. By claiming executive privilege, he would be effectively able to hide any information that may be incriminating. Perhaps there is nothing in the report that would warrant impeachment. However, that is not his call. By excluding information for review, he would be putting himself above the law.
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I thought the report goes directly to the AG, first. And the Justice Department determines what Congress can and cannot see.
The President as the "boss" of the Executive Branch would also see the full, unredacted report.
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I thought the report goes directly to the AG, first. And the Justice Department determines what Congress can and cannot see.
Not exactly. The man who was part of the rules writing process explains it best.
https://www.rawstory.com/2019/01/mueller-report-will-public-author-dojs-special-counsel-rules-explains-important-weapon-publics-right-know/ (https://www.rawstory.com/2019/01/mueller-report-will-public-author-dojs-special-counsel-rules-explains-important-weapon-publics-right-know/)
The President as the "boss" of the Executive Branch would also see the full, unredacted report.
The question isn’t whether he can see it - rather, it’s whether he can withhold it. He can’t.
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The question isn’t whether he can see it - rather, it’s whether he can withhold it. He can’t.
Ah! That explains it. Everybody has been talking around you. The topic was, I thought, "Should the President be able to see them," not "Can he refuse to share it with Congress?"
Much different discussion.