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Dalton555

(1,474 posts)
Wed Aug 31, 2022, 10:58 AM Aug 2022

Just finished reading the DOJ response and attachments

I think the strongest argument the DOJ makes is that executive immunity does not exist here, but even if it did exist, it could not be used to prevent executive branch employees from looking over documents that belong to the federal government. The Supreme Court had to deal with this in regard to Nixon.

It's also interesting that Trump and his attorneys have not actually asserted executive immunity or executive privilege. Instead, they have talked about their novel theory of protective or potential privilege. They're arguing that because documents potentially might have immunity, they cannot be seized. It's an absurd argument.

All in all, I recommend printing up the 38 page document and reading it slowly and carefully, and looking at the attachments. It is a well reasoned document, and if the Trump judge does appoint the special master, this document will limit that special master only to looking at attorney client privilege.

I did chuckle at one point. Apparently, the team that looks over documents to separate privileged documents from the rest is often called the taint team. Yes, I'm immature enough to chuckle at that phrase.

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Just finished reading the DOJ response and attachments (Original Post) Dalton555 Aug 2022 OP
Reminds me of Nixon's argument for privilege... malthaussen Aug 2022 #1

malthaussen

(17,183 posts)
1. Reminds me of Nixon's argument for privilege...
Wed Aug 31, 2022, 11:05 AM
Aug 2022

... potentially protecting future Presidents. It's an absurd argument, and DoJ dismissed it a long time ago.

-- Mal

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