Disgraced Florida retiree Donald Trump threatened to invoke executive privilege to block the 1/6 Select Committee from obtaining thousands of pages of records that could implicate him in the Capitol insurrection.
The committee requested records of phone calls, memos, and other documentation this week that signals a systematic investigation wide in scope, and one that could put Trump and his allies in further legal peril should the documents provide evidence that the insurrection was planned in advance. The committee requested documents going all the way back to April 2020.
Of course, Trump basically incriminated himself by throwing a fit about the document request, which he did via a statement posted by a proxy on Twitter because he no longer has a Twitter account.
“Unfortunately, this partisan exercise is being performed at the expense of long-standing legal principles of privilege,” Trump said. “Executive privilege will be defended, not just on behalf of my Administration and the Patriots who worked beside me, but on behalf of the Office of the President of the United States and the future of our Nation.”
First of all, the committee is bipartisan because there are two Republicans serving on it. More Republicans would have been serving on the committee had House Minority Leader Kevin McCarthy (R-Calif.) not revoked his selections after two of his more extreme choices were rejected by House Speaker Nancy Pelosi (D-Calif.).
As for Trump’s executive privilege threat, he doesn’t have that power anymore because he is no longer president. Trump would have to sue to have the privilege asserted and legal experts pointed out that privilege does not cover crimes committed in office and would be an uphill legal battle that he would ultimately lose as Nixon did during the Watergate scandal.
There’s a legitimate scope of executive privilege, which ensures a president gets candid, thorough advice. But it doesn’t extend to covering up efforts to keep the new president from taking office. Trump’s desperation to keep info secret says it all. https://t.co/Cx17MiW88v
— Joyce Alene (@JoyceWhiteVance) August 26, 2021
This doesn’t stop him from filing a lawsuit. It won’t go anywhere, but he can huff and puff. https://t.co/qwifMvX970
— Teri Kanefield (@Teri_Kanefield) August 26, 2021
Especially now that SCOTUS has unanimously spurned as bogus Trump’s claims of absolute immunity, and now that the documents needed are beyond Trump’s control and out of his loyalists’ hands, we can expect solid progress. Excellent explanation here:https://t.co/ItQwc7RHwd
— Laurence Tribe (@tribelaw) August 26, 2021
US v. Nixon. When there’s a dispute about whether a document is protected by executive privilege or not depends on whether the document incriminates an officeholder, and the trial judge makes that call based on an in camera review.
So either it incriminates Trump or it doesn’t.
— Burt Likko (@burtlikko) August 26, 2021
Someone may be in for a rude awakening. Former President’s have zero executive privilege. Historically it’s sometimes been an issue because current President’s defer to formers **and exercise it on their behalf**. So, have a good talk with Joe Biden. https://t.co/l6nBJgJuoq
— Josh Marshall (@joshtpm) August 26, 2021
Trump is vowing to use “executive privilege” — a doctrine that protects the confidentiality of White House communications — to gum up the Select Committee investigation.
(A former president can still sue and make an executive privilege claim in court. It’d be a uphill battle.) pic.twitter.com/OttRvTGeHm
— Jan Wolfe (@JanNWolfe) August 26, 2021
Trump threatened to invoke executive privilege in order to block the January 6 investigation.
— Alli Hedges Maser (@AllisonLHedges) August 26, 2021
Trump may be able to delay the release of the documents, but the committee is coming for him and those who helped him for attacking our democracy.
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