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The Velveteen Ocelot

(115,659 posts)
18. United States v. Nixon says otherwise.
Fri Apr 26, 2019, 11:14 AM
Apr 2019

The court held that "neither the doctrine of separation of powers nor the need for confidentiality of high-level communications, without more," can sustain the privilege, and that "absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material..." Nixon challenged the subpoena "as a third party requiring the production of materials for use in a criminal prosecution; he does so on the claim that he has a privilege against disclosure of confidential communications. He does not place his claim of privilege on the ground they are military or diplomatic secrets." While a Congressional investigation is not identical to a criminal trial, it can have criminal as well as other ramifications. I don't see any way past US v. Nixon on the privilege issue.

The Holder matter was very different.

A federal judge has declined a House committee's bid to have Attorney General Eric Holder held in contempt of court — and perhaps even jailed — for failing to turn over documents related to the Justice Department' s response to Operation Fast and Furious.

However, in a ruling Monday, U.S. District Court Judge Amy Berman Jackson also denied Holder's request for an indefinite stay of her prior order that the attorney general must turn over any "non-privileged" documents the House Oversight and Government Reform Committee subpoenaed as part of an investigation into the botched gunrunning investigation. The judge previously ruled that Holder must give the panel any documents that are not both predecisional and deliberative in nature.

Jackson called the House contempt motion "entirely unnecessary" and said it was evident that she was considering the government's motion to lift her prior order. "Under those circumstances, the Court finds no basis to hold defendant in contempt," she wrote.

But the judge also said she saw no reason to allow the Justice Department to withhold unprivileged documents until the case was complete. She ordered those records turned over to the committee by Nov. 3, along with a log of the records claimed to be privileged.
https://www.politico.com/blogs/under-the-radar/2014/10/judge-declines-to-hold-holder-in-contempt-196650

No, he's already testified on the matters at issue (I think,) elleng Apr 2019 #1
This message was self-deleted by its author sfwriter Apr 2019 #5
Yes, but DeminPennswoods Apr 2019 #9
pretty sure "private citizen" trumps (heh) executive privilege shanny Apr 2019 #2
trump loses on both counts Goodheart Apr 2019 #3
Yes he can. former9thward Apr 2019 #14
Pretty sure he can do whatever he wants except reveal classified info. marylandblue Apr 2019 #4
All the legal talking heads seem to agree that Trump waived any claim of executive privilege The Velveteen Ocelot Apr 2019 #6
Reportedly McGahn is agnostic about testifying DeminPennswoods Apr 2019 #10
McGahn stated he would do whatever was legal. watoos Apr 2019 #7
Everyone is missing the point what Trump wants to do. watoos Apr 2019 #8
+1 2naSalit Apr 2019 #11
Executive Privilege was waived for McGahn to talk with Mueller...... ProudMNDemocrat Apr 2019 #12
Yes. former9thward Apr 2019 #13
And what would be the charge for violating that? Fiendish Thingy Apr 2019 #15
Not if the privilege has been waived, and the president holds the privilege, not the employee. The Velveteen Ocelot Apr 2019 #16
Congress will not ask the "exact same things" as Mueller. former9thward Apr 2019 #17
United States v. Nixon says otherwise. The Velveteen Ocelot Apr 2019 #18
The Holder case was not different. former9thward Apr 2019 #19
Renato Mariotti Cadfael Apr 2019 #20
This is why Democrats need to start having House Committee Counsel's ask the questions, like TeamPooka Apr 2019 #21
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