General Discussion
In reply to the discussion: Can Trump block McGann from testifying by employing executive privilege [View all]The Velveteen Ocelot
(115,659 posts)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.
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.