Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

General Discussion

Showing Original Post only (View all)

Claustrum

(4,845 posts)
Fri Oct 8, 2021, 06:45 PM Oct 2021

It looks like ex-president has the right to claim executive privilege for conversations they had [View all]

during their term.

Since a few posters and video claimed that ex-president cannot use executive privilege for conversations during his/her term, I personally disagree with the rational even though I think Trump is using the executive privilege wrong. I've asked a few times if my assumption is correct but got no direct answer. I went to do some digging on google. The answer seem to be a gray one, at least it is not tested in court yet. Here is an article from lawfare:

https://www.lawfareblog.com/can-former-president-assert-executive-privilege-impeachment-trial

The article seem to suggest it hasn't been tested in court yet but it appears that ex-president can in fact claim executive privilege for conversations during his/her term (unlike some people's on DU and youtube's argument). Here are some relevant points from the article.

In November 2001, President George W. Bush issued an executive order that gave former presidents the absolute right to assert executive privilege over their records and preclude their release by the archivist, who is now charged with maintaining presidential records.

After establishing that the privilege continues to cover the information after the president leaves office, the court in GSA assumed that the former president had some ability to assert executive privilege over that material, but it never explained why. Nor is the question an easy one. There is considerable weight to the argument that only the current president has the authority to assert executive privilege because the privilege itself derives from Article II of the Constitution and the separation of powers. A former president has no constitutional authority.

Edit:

Here is another one that specifically says ex-president can claim executive privilege if he applied it correctly:

https://www.americanprogress.org/issues/courts/news/2010/06/01/7909/executive-privilege-101/

Who can claim executive privilege?
Either the sitting president or a former president during whose term an allegedly privileged document was created may assert executive privilege.

Is this article correct?

I am simply raising this issue because the last thing I want is someone using the wrong rational and easily disputed by a Trumpist and then get ignored even though the premise/conclusion is correct.

60 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
I think I heard today that it depends on what the conversation is about... secondwind Oct 2021 #1
Right, like I said, I think Trump is applying it incorrectly and he is using it Claustrum Oct 2021 #5
If the records are released what's Trump gonna do? Kingofalldems Oct 2021 #2
Oh, you know, the usual, MarineCombatEngineer Oct 2021 #4
dont think so jcgoldie Oct 2021 #3
Do you have any article or the name of the constitutional laywer that said it? Claustrum Oct 2021 #7
watch the segment on executive privilege from Nicole's show today jcgoldie Oct 2021 #12
For conversations in the duty of his office, it is the office of the president that has privilege Bev54 Oct 2021 #6
It will be tied up for years, and it's unlikely there is anything in writing Hoyt Oct 2021 #8
Doesn't matter either way. They're all going to skate. That's the way "justice" rolls in the US. PSPS Oct 2021 #9
Well said. mia Oct 2021 #14
Bannon didn't skate, the ones that mueller charged didn't skate. Did some of them get wrongful PortTack Oct 2021 #19
I must have missed Bannon's stint in the joint. Please enlighten me. Otherwise, he skated. PSPS Oct 2021 #42
He was indicted for the scam wall funding. Had he not been wrongly pardoned he would have PortTack Oct 2021 #47
LOL. I left "had he not been..." off my list. He skated. PSPS Oct 2021 #55
Privileges come in different flavors Effete Snob Oct 2021 #10
The first thing to realize iss that Executive Privilege is a QUALIFIED privilege & not an ABSOLUTE hlthe2b Oct 2021 #11
That seems to run contrary to the poster below you. Claustrum Oct 2021 #23
No. It is not counter at all. Even for an in-office President, EP is QUALIFIED, not ABSOLUTE hlthe2b Oct 2021 #31
Thank you for your detailed explanation. Claustrum Oct 2021 #33
The Supreme Court has held that a former president has standing to assert EP onenote Oct 2021 #13
Thank you. Claustrum Oct 2021 #16
I'm not sure that Bannon's status would be determinative in and of itself. onenote Oct 2021 #18
You would do well to read Neil Eggleston's take on this from WAPO, which Laurence Tribe likewise hlthe2b Oct 2021 #32
And Eggleston and Tribe would do well to address this unambiguous statements of the Supreme Court onenote Oct 2021 #45
Well we all know that Karma13612 Oct 2021 #48
They DID just that! hlthe2b Oct 2021 #49
Where did they do "just that"? onenote Oct 2021 #50
Had you read the full piece & others you'd know these ACTUAL consitutional experts acknowledged that hlthe2b Oct 2021 #51
I did read the full piece and again ask you to point to where they acknowledge onenote Oct 2021 #54
And I'm Hearing That The Priviledge Is With THe Office Not The Person Me. Oct 2021 #40
Do confessions of ex-Catholics remain privileged? Effete Snob Oct 2021 #15
I made it very clear that I think Trump doesn't have the right to claim "executive privilege" here. Claustrum Oct 2021 #20
People believe whatever their mood suits them Effete Snob Oct 2021 #34
From Larry Tribe EleanorR Oct 2021 #17
The government should have the right to any and all documents and court appearances that had joetheman Oct 2021 #21
Did trump issue an EO to that effect while still in office? brush Oct 2021 #22
The EO issued was from Bush back in 2001 from the article I linked. Claustrum Oct 2021 #24
If that is allowed for a president who tried to overthrow our government, then that we are JohnSJ Oct 2021 #25
Just because an ex-president may claim executive privilege (in a general sense) doesn't make Trump's Claustrum Oct 2021 #27
We will see, because it will be the SC that will determine what is a legitimate use of EP, and what JohnSJ Oct 2021 #30
I don't think so. Ocelot II Oct 2021 #26
I guess we'll find out next Thursday, when the first batch are scheduled to appear. Nt Fiendish Thingy Oct 2021 #28
I will post the response from post 13 credited to Onenote which is contrary to what you said Claustrum Oct 2021 #29
See... PoliticAverse Oct 2021 #35
trump's claim of executive privilege is a lot like the cloud of NDAs he leaves in his wake... Wounded Bear Oct 2021 #36
What if the Exectutive Order is Outside of the Constitutionally Restricted Powers of the President? PurgedVoter Oct 2021 #37
The current president would need to sign off on that...and Biden won't. Demsrule86 Oct 2021 #38
Not From What i've Read Me. Oct 2021 #39
From my understanding after a long back and forth above with a few posters with way more Claustrum Oct 2021 #41
TFG Can Claim Anything He Wants Me. Oct 2021 #43
I don't recall Richard Nixon ever claiming EP after he left office FakeNoose Oct 2021 #57
EXACTLY Me. Oct 2021 #60
Fuck that. So any lame duck president can plan a coup and then exert executive privilege if or when ecstatic Oct 2021 #44
"Not-Tested-in-Court Yet" should be Trump's presidential nickname kcr Oct 2021 #46
The system works best when we have Presidents that are honest. scarytomcat Oct 2021 #52
To paraphrase Abe Lincoln... kentuck Oct 2021 #53
A lot of peopje UnderThisLaw Oct 2021 #56
Certainly not in conduct of a crime against the current chief executive. Uncle Joe Oct 2021 #58
George Bush was likely legally advised to do it so he could cover his criminal ass. BeckyDem Oct 2021 #59
Latest Discussions»General Discussion»It looks like ex-presiden...