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Sun Jan 13, 2019, 12:03 AM

On Executive Privilege...

UNITED STATES v. NIXON(1974)
No. 73-1766

https://caselaw.findlaw.com/us-supreme-court/418/683.html

On the other hand, the allowance of the privilege to withhold evidence that is demonstrably relevant in a criminal trial would cut deeply into the guarantee of due process of law and gravely impair the basic function of the courts. A President's acknowledged need for confidentiality [418 U.S. 683, 713] in the communications of his office is general in nature, whereas the constitutional need for production of relevant evidence in a criminal proceeding is specific and central to the fair adjudication of a particular criminal case in the administration of justice. Without access to specific facts a criminal prosecution may be totally frustrated. The President's broad interest in confidentiality of communications will not be vitiated by disclosure of a limited number of conversations preliminarily shown to have some bearing on the pending criminal cases.

We conclude that 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.

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Reply On Executive Privilege... (Original post)
Roland99 Jan 13 OP
elleng Jan 13 #1
luvallpeeps Jan 13 #2
brush Jan 13 #3

Response to Roland99 (Original post)

Sun Jan 13, 2019, 12:05 AM

1. 'The generalized assertion of privilege must yield

to the demonstrated, specific need for evidence in a pending criminal trial.'

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Response to elleng (Reply #1)

Sun Jan 13, 2019, 12:08 AM

2. and I can hardly waid for the criminal trial to pend.

Let the games begin.

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Response to Roland99 (Original post)

Sun Jan 13, 2019, 12:16 AM

3. And not just for evidence in a criminal trial but for intel reasons and preservation of the...

historical record. We don't know what the fu_ck was discussed in meetings with top officials from adversarial nations.

Our intelligence services don't know if trump sold out the country because he kept everything secret and off limits to our media and he seized interpreters notes.

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