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bluestarone

(17,058 posts)
Sun Feb 12, 2023, 11:26 AM Feb 2023

Questions on Subpoena to Mike Pence. (Jan 6 investigation)

Ok, if i understand this right, TFG's attorneys are seeking executive privilege. I also understand the ONLY one that can claim executive privilege is the SITTING President. Now could Joe Biden issue an order that claims NO EXECUTIVE privilege for Pence? Wouldn't this STOP any court battles right now?

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Questions on Subpoena to Mike Pence. (Jan 6 investigation) (Original Post) bluestarone Feb 2023 OP
Yes and no. 2naSalit Feb 2023 #1
Got that. but bluestarone Feb 2023 #2
Pence doesn't have... 2naSalit Feb 2023 #3
TY! hope so for sure!! bluestarone Feb 2023 #4
The Supreme Court has already ruled Trump doesn't have executive privilege. emulatorloo Feb 2023 #9
This has nothing to do with who will win the argument, gab13by13 Feb 2023 #5
Yes i fully got that. That's exactly why i asked this question. bluestarone Feb 2023 #6
You are correct on that point. And there are other issues with the privilege claim MissMillie Feb 2023 #7
EXACTLY! bluestarone Feb 2023 #8

2naSalit

(86,804 posts)
1. Yes and no.
Sun Feb 12, 2023, 11:32 AM
Feb 2023

So, yes, EP applies only to the sitting president. It is up to him to extend it to anyone else.

VP does not automatically hold EP unless a president approves, I think and welcome correction.

It has already been through the courts and unlikely anyone will over-rule.

Biden has already declined to extend EP to -45. If he doesn't have it, nobody in his admin does.


That's how I understand it.

bluestarone

(17,058 posts)
2. Got that. but
Sun Feb 12, 2023, 11:37 AM
Feb 2023

I'm just wondering if Joe can issue any type ORDER to take the so-called executive privilege for Pence away NOW? Probably not, that would be to easy an answer to the STALLING tactic.

2naSalit

(86,804 posts)
3. Pence doesn't have...
Sun Feb 12, 2023, 11:42 AM
Feb 2023

Executive privilege. He might try to claim it but he has no argument in his favor because -45 doesn't have it. That was settled by SCOTUS last year or the year before, tfg doesn't have it because Biden said he doesn't have it, already. So he can try to take it to court but it should be tossed upon submission.

emulatorloo

(44,187 posts)
9. The Supreme Court has already ruled Trump doesn't have executive privilege.
Sun Feb 12, 2023, 03:42 PM
Feb 2023

So I don’t think Pence can get out of this because Donnie says so.

gab13by13

(21,408 posts)
5. This has nothing to do with who will win the argument,
Sun Feb 12, 2023, 11:59 AM
Feb 2023

it has everything to do with Trump delaying Pence's testimony. Trump's testimony will be delayed by months. No one expects the Supreme Court to get involved unless it wants to overturn the Nixon decision, but who knows with this court.

Trump's strategy is about delaying everything and people just can't wrap their heads around that. If Trump were indicted tomorrow a Trump trial would never happen for at least 3 years most likely longer.

bluestarone

(17,058 posts)
6. Yes i fully got that. That's exactly why i asked this question.
Sun Feb 12, 2023, 12:18 PM
Feb 2023

To STOP the court process, i was hoping Joe could STOP courts from delaying this, because he IS the sitting president. I was hoping he could issue some type of order to the court NOW stating he is the ONLY one that can use executive privilege. I guess the answer is no? So it's gotta go through the whole fucking court DELAYS!

MissMillie

(38,582 posts)
7. You are correct on that point. And there are other issues with the privilege claim
Sun Feb 12, 2023, 01:35 PM
Feb 2023

In my head the most important one is this:

Executive Privilege is recognized to protect the Executive Branch in its deliberations regarding the duties of the Executive Branch.

Over-turning a free and fair election is not listed as, and SHOULD NEVER BE CONSIDERED to be one of the duties of the Executive Branch.

This has to be the single most perverse idea anyone has EVER come up with.

bluestarone

(17,058 posts)
8. EXACTLY!
Sun Feb 12, 2023, 01:40 PM
Feb 2023

I mean give me a break, THIS is so open and closed that NO COURT should even consider this argument! They should see it like everyone here sees it. I wish the special prosecutor could ask for a immediate SC ruling NOW!

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