colfax_m
Diamond Member
- Nov 18, 2019
- 38,988
- 14,843
Incorrect. He has not asserted executive privilege over these subpoenas unless and until he actually asserts executive privilege.Trump has not claimed executive privilegeIf a court does not determine a subpoena is legal, someone acting on executive privilege is not compelled to answer it.Congress has legal authority to initiate subpoena. A subpoena from Congress does not need to be deemed legal by a court.
When were the subpoenas in question determined legal by a court?
They weren't?
Thanks.![]()
Trump directed the people in question to not answer the subpoenas. That's an assertion of executive privilege.
If a court does not determine a subpoena is legal, someone acting on executive privilege is not compelled to answer it.
When were the subpoenas in question determined legal by a court?
They weren't?
Thanks.![]()
![]()
Don't lie to yourself.
Trump directed the people in question to not answer the subpoenas. That's an assertion of executive privilege.
The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon in the context of a subpoena emanating from the judiciary, instead of emanating from Congress.[3] The Court held that there is a qualified privilege, which once invoked, creates a presumption of privilege, and the party seeking the documents must then make a "sufficient showing" that the "presidential material" is "essential to the justice of the case". Chief Justice Warren Burger further stated that executive privilege would most effectively apply when the oversight of the executive would impair that branch's national security concerns.[3] Regarding requests from Congress (instead of from the courts) for executive branch information, as of a 2014 study by the Congressional Research Service,[4] only two federal court cases had addressed the merits of executive privilege in such a context, and neither of those cases reached the Supreme Court.[5]
Executive privilege - Wikipedia
Thus, onus is on congress to prove the subpoenas are legal and prove their need for the information supersedes the right to claim EP.
Absent a court ruling in favor of Congress, there's no legal subpoena, and no legal requirement to answer it.
Please show me where Trump has invoked privilege.
Congress disagrees. They were going to impeach Nixon for his obstruction and they’ve impeached Trump for the same.