Recommend
 
 Thumb up
 Hide
5 Posts

BoardGameGeek» Forums » Everything Else » Religion, Sex, and Politics

Subject: Trumps Lawyers playing hardball rss

Your Tags: Add tags
Popular Tags: [View All]
Andre
United States
flag msg tools
Avatar
mbmbmbmbmb
https://www.cnn.com/2018/01/30/politics/donald-trump-attorne...

Not that I would expect the lawyers to do anything less, if they are worth their pay grade, but not sure that their argument floats boat, when Mueller has the subpoena power. And there is no real precedent for Trump, refusing to testify under subpoena. I think Mueller could justify Trumps central role in any potential obstruction of justice charge, and justify the need to interview him.
1 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Josh
United States
Pennsylvania
flag msg tools
Avatar
mbmbmbmbmb
I'm not sure desperate gamble and hardball are the same thing.
3 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Chad Ellis
United States
Brookline
Massachusetts
flag msg tools
designer
publisher
badge
Avatar
mbmbmbmbmb
I don't think this is surprising. No criminal lawyer [iwants[/i] their client to be interviewed by a prosecutor, and when your client has a long track record of saying incriminating things off the cuff you definitely don't want it. Trump lies so frequently that it would be dangerous for him to have a conversation about his favorite foods if it was under oath.

It's also clear that we're in new legal territory here. Executive privilege is often relevant for subpoenas, but Mueller is actually in the executive branch, which makes that unusual.

Meanwhile, the political element is as important as the legal one. Trump ultimately only goes down if he's impeached (or faces impeachment, a la Nixon), which is a political dynamic. So he needs to convince the public that there's no "there" there. Hence, Trump says, "I want to talk to Mueller," all the time and the lawyers say they're open to it but want to make sure it's appropriate.

The same legal-political dynamic will be at play if Mueller subpoenas Trump. Then he'll be actively fighting a subpoena to testify and how that plays out will depend a lot on whether the GOP is successful in their attempt to undermine the investigation. Otherwise, you'll have a President refusing to testify while still trying to say, "No collusion, nothing to see here, I wish I could testify but my tax returns are under audit."
10 
 Thumb up
 tip
 Hide
  • [+] Dice rolls

Pennsylvania
msg tools
badge
Bitter acerbic harridan
Avatar
mbmbmbmbmb
So which part of executive privilege applies here. From the Espy decision:

http://caselaw.findlaw.com/us-dc-circuit/1433973.html

Quote:
Courts ruled early that the executive had a right to withhold documents that might reveal military or state secrets.  

The courts have also granted the executive a right to withhold the identity of government informers in some circumstances.

A qualified right to withhold information related to pending investigations.  

Other privileges sanctioned by the Supreme Court include the grant of absolute immunity to the President from civil liability for official acts.

The most frequent form of executive privilege raised in the judicial arena is the deliberative process privilege;  it allows the government to withhold documents and other materials that would reveal “advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.”  

One form of the executive privilege is invoked only rarely and that is the privilege to preserve the confidentiality of presidential communications.


The Espy case involved the last two. It seems like these would only apply to actions Trump took while President and not to anything he did during the campaign.

It would seem like there's a sufficient showing of need by Mueller to know what and why Trump personally took certain negative actions towards members of the DoJ and the FBI as president. And I can't see how either applies to actions during the election. It's not like these are unqualified privileges anyway.
2 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Daniel Kearns
United States
Bloomington
Indiana
flag msg tools
Silence is golden.
badge
Your sea is so great and my boat is so small.
Avatar
mbmbmbmbmb
Look it is called executive privilege. You don't need a law degree to know that it lets Trump do and say anything he wants and not be held accountable. He's the executive. He is privileged. People elected him so whatever he does is justified. Think of it as totalitarianism but with a veneer of not being that.

Note: executive privilege also applies to anyone who interacts with Trump or does something in Trumps interest.

See the case of go-fuck-yourself for precedent.
6 
 Thumb up
0.01
 tip
 Hide
  • [+] Dice rolls
Front Page | Welcome | Contact | Privacy Policy | Terms of Service | Advertise | Support BGG | Feeds RSS
Geekdo, BoardGameGeek, the Geekdo logo, and the BoardGameGeek logo are trademarks of BoardGameGeek, LLC.