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StarfishSaver

(18,486 posts)

19. Barbara McQuade is wrong.The decision is not solely up to Biden.

Reply to LetMyPeopleVote (Reply #18)

Sat Sep 25, 2021, 08:55 AM

Sep 2021

As I showed in my OP, the Supreme Court was unequivocal. A former president has standing (I .e. the legal right) to assert the privilege - not just to "make a recommendation" as McQuade says (she seems not to have read the Supreme Court holding).

Now, once a former president asserts the privilege, a court can treat it like a recommendation and ignore it if it likes, giving the current president's position considerably more weight. But it is just wrong for these legal pundits to keep telling the audiences that Trump has no legal right to claim executive privilege.

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21 replies

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Several legal pundits are saying former presidents can't invoke executive privilege. That's not true [View all] StarfishSaver Sep 2021 OP

I guess this would be true even if the evidence is requested as part of a criminal investigation? wcmagumba Sep 2021 #1

No, it doesn't. StarfishSaver Sep 2021 #3

Okay, thanks for a great explanation, I'm not a lawyer but it sounds as though drumphy wcmagumba Sep 2021 #9

Glad to explain it - I know it's confusing. Even skilled lawyers are getting it wrong StarfishSaver Sep 2021 #12

Executive Privilege and Former Presidents: Constitutional Principles and Current Application PoliticAverse Sep 2021 #2

Thanks for posting this. From your link: StarfishSaver Sep 2021 #6

The key point I got from that document was... PoliticAverse Sep 2021 #10

Yes, I totally agree with that StarfishSaver Sep 2021 #11

It also says that is is the applied in the constitutional functions of a president Bev54 Sep 2021 #13

Yes - that's one of the reasons I think his attempt to claim executive privilege will fail StarfishSaver Sep 2021 #14

heard to assert doesnt mean they will actually get it IMO. nt msongs Sep 2021 #4

Exactly StarfishSaver Sep 2021 #7

I think people really under estimate how much power a former President still wields fescuerescue Sep 2021 #5

Possibly StarfishSaver Sep 2021 #8

Thanks for explanation Midnightwalk Sep 2021 #15

And the "heard to assert" fits with the rule that Trump has 60 days now to make this claim. pnwmom Sep 2021 #16

Kick StarfishSaver Sep 2021 #17

The current POTUS gets to make the decision on Executive Privilege LetMyPeopleVote Sep 2021 #18

Barbara McQuade is wrong.The decision is not solely up to Biden. StarfishSaver Sep 2021 #19

Biden White House leans toward releasing information about Trump and Jan. 6 attack, setting off lega LetMyPeopleVote Sep 2021 #20

You're missing the point StarfishSaver Sep 2021 #21