Executive Privilege Cannot Be Used To Obstruct Justice

President Handsome Joe Biden did something unprecedented and gutsy today:

WASHINGTON — The White House on Friday formally blocked an attempt by former President Donald Trump to withhold documents from Congress related to the Jan. 6 attack on the Capitol, setting up a legal showdown between the current and former presidents over executive privilege.

Presidents usually express professional courtesy to their predecessors and hold everything in executive privilege, just as they would want the next president to do for themselves.

In a letter to the National Archives obtained by NBC News, White House Counsel Dana Remus rejected an attempt by Trump’s attorneys to withhold documents requested by the House Select Committee regarding the then-president’s activities on Jan. 6, writing that “President Biden has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents.”

Again, that’s extraordinary.

“These are unique and extraordinary circumstances,” Remus added. “Congress is examining an assault on our Constitution and democratic institutions provoked and fanned by those sworn to protect them, and the conduct under investigation extends far beyond typical deliberations concerning the proper discharge of the President’s constitutional responsibilities. The constitutional protections of executive privilege should not be used to shield, from Congress or the public, information that reflects a clear and apparent effort to subvert the Constitution itself.”

And boom, there’s now precedent! No one is above the law, not even the president. If a president is claiming executive privilege, it cannot be to cover up a potential crime.

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7 Responses to Executive Privilege Cannot Be Used To Obstruct Justice

  1. jetsam359 says:

    Pretty good rundown and I’ll link to it below, but this passage caught my attention: “Separately, there’s a Supreme Court case called Nixon v. General Services Administration, the agency that had possession of the records of former President Nixon. Congress had passed a law to allow the GSA to seize and preserve all President Nixon’s presidential records. President Nixon sued, claiming the act was unconstitutional. The Supreme Court upheld the law and basically decided that the current president is the right person to make judgments about the assertion of executive privilege. That’s because under our system, the authority attaches to the office, not the human. President Biden has this power because he’s president, not because he’s Joe Biden. And when President Trump was in office, he had the power because he was President Trump, not because he was Donald Trump. So, I think the law is pretty well settled. But again, we have many years later a very new Supreme Court.”


    Liked by 2 people

    • schmice3 says:

      But look at who’s on SCOTUS now.

      Liked by 1 person

      • jetsam359 says:

        Yeah, I know, but a decision granting Trump privilege would likely upset the judicial applecart, and piss off a lot of folks who are looking for justice. Another quote: “On the other hand, the chief justice held that in circumstances of a demonstrated need, the executive privilege would fail. So, it’s a qualified privilege, not an absolute privilege. And as we all know, the Supreme Court ruled unanimously that President Nixon could not protect his communications under executive privilege.”
        Let’s hope this works for a just ending because TFG is neck deep in overthrowing our constitution…

        Liked by 1 person

      • genelms says:

        And one would hope that these current justices understand that facilitating the installation of Mango Mussolini would put them at the front of the unemployment line.

        Liked by 1 person

      • schmice3 says:



    • Like the current SCOTUS gives a rats ass about “precedent” instead of delivering the decisisons that their oloigarch masters want.


      Liked by 3 people

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